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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.
However, the circumstances favorable to the defendant are that the defendant led to the entire confession of the crime of this case and reflects his mistake, and that there is no other criminal records except criminal punishment of a fine of KRW 500,000 due to the violation of the Automobile Management Act.
However, if the amount of damage caused by the crime of this case is considerably large amount, the victim's agreement or failure to recover from damage appears to have been made, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was made, etc., various sentencing conditions shown in the argument of this case, such as equity in sentencing with the same and similar cases, Defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentence imposed by the court below is determined on the basis of the sum of the amount calculated by applying the method of dealing with the same concurrent crimes among the criteria of sentencing in accordance with the sentencing guidelines, as the "general fraud" of the sentencing guidelines for the fraud crime of this case falls under the basic area of category 2 (not less than KRW 100,000, less than KRW 500,000) among the "general fraud", and the scope of the recommendation shall be reduced by 13/40 of the final sentencing guidelines, and thus, the scope of the above recommendation shall be mitigated by 13/48 years.
In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.
Therefore, the defendant's above assertion is not accepted.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.