The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the lower court (two months of imprisonment and eight months of imprisonment for the remaining crimes) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

However, even though the defendant had been punished several times for fraud, he again committed the crime of this case.

The Defendant was investigated by the police as a part of the instant crimes, and continued the instant crime even after being tried to commit the crime of fraud recorded in the judgment of the court below.

The period of crime is long and many victims.

Nevertheless, damage has not been fully recovered, and there is no circumstance that the defendant made a special effort to recover damage.

The crime of subparagraph 2 B(b) of the judgment of the court below is committed only once the defendant was sentenced to a suspended sentence of imprisonment due to the above crime of fraud.

There is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition