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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant is guilty of fraud by misunderstanding the facts, even though he merely explained the circumstances to the victim G and asked for assistance, and the mother did not have made a speech of deception, such as intending to deduct the deposit money, and did not intend to take the newspaper production cost by fraud.
B. The first instance sentencing of the Defendant on the grounds of unfair sentencing (2 million won of fine) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, even if the defendant requested the victim to produce the newspaper, the defendant could not have the intent or ability to pay the outstanding amount of KRW 8.4 million and the additional production cost of KRW 6 million as agreed in the promise, but could sufficiently be recognized that the victim could have paid the additional production cost, including the outstanding amount, within a short period of time as stated in the judgment of the first instance, by deceiving the victim as if he could be able to pay the additional production cost, including the outstanding amount, by being supplied by the victim with an examination equivalent
B. In full view of the circumstances leading up to the Defendant’s assertion of unfair sentencing, the relationship with the victim, and the fact that the Defendant did not make any repayment for more than two years from the instant case to the trial of the party, and other various circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, criminal records, and circumstances after the commission of the crime, the sentencing of the first instance court against the Defendant is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.