The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the court below (five years of imprisonment) is too unreasonable.

Judgment

The Defendant, who led to the confession of each of the crimes of this case, is seriously against the Defendant, seizure of precious metals and sales proceeds acquired through a special robbery, and partial recovery of damage is made, and each of the fraud crimes committed with a simple and unrecovering type, is not significantly damaged, and thus, is subject to consideration in determining the sentence against the Defendant.

Prior to each of the instant crimes, the Defendant had been punished for larceny and fraud eight times, and even if nine months have not elapsed since the completion of the sentence of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant returned to the country during the period of the repeated crime, pretended to be customers, entered a gold bank, and stolen precious metals worth KRW 39,304,000 in total for ten times in total.

In addition, Co-defendant B of the first instance court, who came to know that he had been working for one-time, participated in his criminal act and prepared to commit the crime, and entered a gold bank with a deadly weapon to suppress the victim's resistance and to force 10,000 won in total and 15,000 won in a special robbery.

In addition, he/she has committed an act of fraud at least three times.

Nevertheless, the Defendant is unable to receive a letter from any one of the victims, and there is no clear social ties.

In light of the means and methods of each of the instant crimes by the Defendant, the number of crimes, the degree of damage, the circumstances after the crime, etc., the Defendant cannot be held liable for severe criminal liability due to its poor nature and high possibility of criticism.

As above, comprehensively considering various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, which are favorable or unfavorable to the defendant.