Text
The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant has a favorable condition, such as the confession of each of the crimes of this case and the fact that there is no record of criminal punishment exceeding the fine. However, the sum of the defraudeds of this case against four victims is equivalent to approximately KRW 150 million. The defendant does not agree with victims and does not recover damage up to the trial. The defendant has been already sentenced to a fine three times due to the violation of the Automobile Management Act or the crime of aiding and abetting for gambling. The scope of the recommended punishment of the Supreme Court on the crime of fraud and embezzlement [basic crime: Type 2 (at least KRW 100, but less than KRW 500,000), Type 4 of the Crime, Type 1 (less than KRW 100,000) of the Act, Type 1 (at least KRW 100,000) of the Act, Type 1 of the Act on the Embezzlement, Type 4 of the Framework Act on the Recommendation of the Criminal, Number 1 to 4 years, the defendant's final motive and condition of punishment, etc.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.