Text
The defendant's appeal is dismissed.
Reasons
1. The sentence of the court below (two years of imprisonment) is too unreasonable because of the summary of the reasons for appeal.
2. The Defendant recognized and opposed to the offense.
However, the sum of the amount obtained by deception of this case is about KRW 173 million in total, and the damage was not recovered at all.
The defendant committed the crime of this case with his intention and repeatedly, and the frequency of the crime is very high.
In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
Therefore, the Defendant’s assertion is without merit (the sentencing criteria applicable to this case are about KRW 173 million in total, and KRW 135 million in total, and KRW 135 million in fraud of victims D. As such, the Defendant’s argument is a type 2 (not less than KRW 100 million, less than KRW 50 million) in the basic area (one year to four years).
Therefore, the lower court’s decision that the instant case constitutes a case of “one-class increase as a result of the combination of the same types of competition,” thereby reducing the lower limit of 1/3 by misunderstanding the sentencing guidelines; however, it does not affect the conclusion that the sentence of the lower court is too unreasonable because the sentence is too large.” 3. As such, the Defendant’s appeal is without merit, and thus, it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.