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The defendant's appeal is dismissed.
Reasons
1. The punishment of a fine of KRW 3 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.
2. It is acknowledged that the direct property damage caused by the instant crime is at least five million won, the defendant took the attitude of recognizing and opposing the error, and the equity between the case of the instant crime and the case of fraud in the judgment in which the latter concurrent crimes of Article 37 of the Criminal Act are judged at the same time. However, in light of the fact that the Defendant was sentenced to two years of imprisonment due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around 2012, by using the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in which he/she used mobile phones, personal seal impression, etc. and forged the application for subscription to Internet service in the victim’s name and acquired profits equivalent to the use fees, and the Defendant did not yet reach an agreement with the victim, the nature of the instant crime and the possibility of criticism is not weak.
Considering the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, criminal records, motive and circumstance, etc., it cannot be deemed that the sentence imposed by the court below is heavy.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.