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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal - misunderstanding of facts or misunderstanding of legal principles and improper sentencing
A. misunderstanding of facts or misapprehension of legal principles 1) The Defendant came to know P through the introduction of B, a co-defendant of the first instance trial, and even though there was a little c influencies in P and Mana to discuss the project, there was no 15 million won, and there was no deception of C.
2) Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous or erroneous in understanding the legal principles as to fraud.
B. Even if the sentencing is found to be guilty against the defendant, the sentence of the lower court (the amount of KRW 7 million) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant conspireds with the joint defendant B of the first instance trial and acquired 15 million won from the victim C, and the court below did not err by misapprehending the legal principles as to fraud or by misapprehending the legal principles.
B. As to the wrongful assertion of sentencing, the Defendant consistently denied the crime from the investigative agency to the trial of the party, and did not recover from the damage up to now.
In addition, the defendant has a number of criminal records including the same criminal records.
When comprehensively taking into account such circumstances as the motive, means and method of committing a crime, the circumstances after committing a crime, and other circumstances that are conditions for sentencing, including the Defendant’s age, sexual conduct, and the environment, the lower court’s punishment is deemed appropriate.
3. According to the 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. It is so decided as per Disposition.