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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In light of the overall circumstances of this case, the punishment imposed by the court below (two years of imprisonment) is too unreasonable.
Judgment
In light of the following: (a) the Defendant repaid the amount of damage to F, which is the victim’s application for compensation at the trial; (b) the amount was merely KRW 3.5 million; (c) even if considering the amount of damage paid to the victim W, the remaining amount of damage is considerable; (d) the victims excluding the victim F, have not recovered from the damage; (e) even if each name of the vehicle is located in the victim G, the damage to the victim cannot be deemed to have been partially recovered in the situation where other victims occupy each vehicle in the name of the victim G even if other victims occupy each vehicle in the future; and (e) other sentencing conditions, including the Defendant’s age, family relation, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is too unreasonable. Therefore, the Defendant’
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
[However, the "applicable law" of the judgment of the court below is a mistake in the pertinent law and the choice of punishment for the facts of a crime, and the "(Fraud's point)" of the defendant A is a mistake of "(Fraud's point and comprehensive)", and "Article 355(1)(the point of embezzlement)" is an error of "Article 355(1)(the point of embezzlement and comprehensive embezzlement)", and it is obvious that it is an error of "Article 355(1)(the point of embezzlement and comprehensive embezzlement for each victim)". Thus, it is corrected to correct it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.