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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud listed in paragraph (2) of the criminal facts stated in the judgment of the court below, the crime in this part was committed by the Defendant from time to time by lending the mobile phone and card from the Defendant, and the Defendant did not commit the crime of fraud as stated in the judgment of the court below, but the judgment below which found the Defendant guilty of this part of the facts charged was erroneous and adversely affected the conclusion of the judgment.
B. The sentence sentenced by the lower court (four years of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently prove the fact that the defendant deceivings the victims as stated in Paragraph 2 of the facts constituting the crime in the judgment below, and therefore, the defendant's assertion of mistake of facts is without merit.
B. The fact that the defendant is old to determine the unfair argument of sentencing, and that there is no record of punishment except for punishment of a fine for a long time, can be considered as normal data favorable to the defendant.
However, the defendant's crime of this case is very serious crime and crime committed by deceiving a number of victims actively and systematically for a long time to acquire money exceeding KRW 400 million.
Nevertheless, the defendant did not object to the denial of the crime on the ground of the processed person, and did not make all efforts to recover damage.
In addition, in full view of all the conditions of sentencing as shown in the record, even if normal data in the above-mentioned favorable circumstances are considered, the sentence of the court below cannot be deemed unfair because it is too unreasonable.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.