The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

Judgment

In support of the fact that the Defendant recognized the instant crime, and against the Defendant, paid KRW 10,788,00 to the victim at the investigation stage, and deposited KRW 5 million at the lower court to partially recover the damage of the victim, the Defendant did not submit objective data that can be seen as such, even if he/she asserted that he/she paid a total of KRW 28 million to the victim.

It is favorable for others.

However, despite the fact that the defendant committed the crime of this case against the victim of friendly arrest even during the period of suspension of the execution of the same kind, the amount of defraudation is not specified as 35 million won. In light of the relationship between the defendant and the victim, the crime of this case is poor in the nature of the crime, the damage of the victim was not completely recovered until the trial, and the crime of this case was committed to raise money for gambling funds.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem the lower court’s punishment is too unreasonable

Therefore, the defendant's assertion of unfair sentencing is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.