Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant deposited KRW 20 million out of the amount acquired by deception for the victim; and (c) the Defendant is in the position to support his family as the most likely person; and (d) the Defendant’s workplace fees desire to support the Defendant’s wife.

However, in full view of the following factors: (a) the amount of defraudation caused by the instant crime is considerable; (b) the Defendant did not agree with the victim because the Defendant did not recover the remaining damage; (c) the victim was punished for the Defendant; (d) the victim was punished by the suspension of the execution of imprisonment for the same kind of crime; and (e) various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive for the crime, means and consequence; and (e) the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission; (c) fraud group; (d) fraud group; (e) general fraud; (e) special person (less than KRW 100 million); (e) decision on the recommended area; and (e) the scope of recommended punishment (basic area) the sentence of the lower court is too unreasonable

In conclusion, 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.