Text
The defendant's appeal is dismissed.
Reasons
1. The Defendant’s decision on the grounds for appeal of this case is one of the circumstances that can be considered in favor of the Defendant, such as the fact that the Defendant recognized each of the crimes in this case and reflected in depth, the fact that the victim is paying damages to the victim, and the fact that the considerable part of the damage was recovered.
However, there are many cases where the defendant was sentenced to punishment such as suspended sentence for the same crime. The crime of this case is committed by obtaining credit cards and passbooks by using the fact that the victim in the trust relationship was at a lower intellectual level than the general public due to mental disorder, and then purchasing goods or withdrawing cash from the passbook using the above credit card, which is not good in quality. The amount of damage is more than 60 million won, the amount of damage is reasonable, and the victim is expected to bear overdue interest for the unpaid amount, and there is no additional repayment with the victim, and there is no agreement with the victim, other circumstances such as the defendant's age, character and behavior, family relationship, and circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the sentencing committee of the Supreme Court (decision of imprisonment between June and January 1, 200] general fraud type 1 (decision of imprisonment between June and June 1, 200) (decision of 100 million won due to fraudulent crime): the basic sentencing factor of the court below's recommendation to recover the damage amount, the basic sentencing factors of the victim's.
2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.