Text
Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below (one year and four months of imprisonment) is too unreasonable.
Judgment
There are extenuating circumstances, such as the confession of the Defendant to commit the instant crime, the fact that the Defendant has no criminal record of the same kind, and the Defendant’s family and workplace club members want to take the Defendant’s wife.
However, in full view of the following factors: (a) the Defendant, while acquiring money in KRW 150 million by deception, did not recover damage, except for the Defendant’s repayment of KRW 5 million; (b) the victim was unable to reach an agreement with the victim; and (c) the victim was punished against the Defendant; (d) other various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive for the crime, circumstances after the crime; and (e) the scope of the recommended sentence according to the sentencing guidelines set by the sentencing guidelines of the Sentencing Committee; (b) fraud group; (c) general fraud; (d) type 2 (not less than KRW 100 million but less than KRW 50 million); (e) the decision of the recommended area; (e) the recommended area; and (e) the scope of the recommended area (basic area);
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.