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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;
2. The following circumstances are acknowledged: (a) the Defendant made confession of the instant crime when the Defendant was in a trial; (b) the degree of the Defendant’s participation in the instant crime is not more than those of other accomplices; (c) the benefits actually acquired by the Defendant is smaller than the amount of damage; (d) the damage recovery was partially made by accomplices and relevant persons; and (e) the Defendant did not have the same criminal record.
However, the crime of this case was committed by the defendant in collusion with seven persons, such as I, and the victim was accused, by deceiving the victims, thereby deceiving 20,000 won in total from the victims, and by deceiving 20,000 won in the market price, and allowing the accomplices who were tracking the police twice to escape.
In particular, the nature of the crime is very poor in that the crime of fraud was committed closely by sharing the roles systematically under the prior plan, and the victims are many and the amount of damage is large.
The Defendant denied the instant crime even before the lower court, and does not seem to have made efforts to recover damage so far.
In full view of such circumstances and the equity of sentencing with cases of the same or similar type of punishment, as well as the age, character and conduct, environment, motive and background of the offense, and the circumstances after the offense, it is not recognized that the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is not accepted.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the lower court’s 13th sentence “each of the four to five lines below.”