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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant may be considered in light of the following: (a) the defendant confessions and reflects the judgment; (b) the additional repayment of part of the amount of damage was made in the trial; and (c) the fact that there was
However, there are many circumstances unfavorable to the defendant, such as the fact that the defendant had been punished for the same kind of crime, the unrefilled amount of damage exceeds 30 million won, and the defendant did not agree with the victim, the contents and methods of deceiving the victim, and the relationship with the victim.
In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing, including circumstances after the crime, and the fact that the lower court was sentenced to a lower sentence than the recommended sentence according to the sentencing guidelines, the sentence imposed by the lower court cannot be deemed to be too unreasonable.
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.