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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.
Judgment
In light of the following circumstances: (a) the amount acquired by the Defendant through the instant crime is about KRW 16 million; (b) the amount repaid by the Defendant agreed with the victim and agreed upon with the victim at the time of the trial; (c) the amount of punishment was only KRW 3.8 million; and (d) the Defendant’s age, character and conduct, environment, and various kinds of sentencing conditions on the instant records and the scope of recommended sentencing guidelines (two months to one year and six months), it cannot be deemed that the lower court’s punishment is too unreasonable.
Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.