Text
Defendant
The appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and ten months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) agreed with the victim R; and (c) there was no record of punishment heavier than the suspended sentence until now.
However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the sum of the defraudeds by deceiving many victims of the crime of this case exceeds KRW 220 million, most of the amount of damage was not recovered, and the fact that some victims want to be punished against the defendant up to the trial, and that there was a history of being sentenced to a multiple fines for the same kind of crime.
The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 1 year and 8 months to 6 years, 2 types of general fraud crimes (at least 100 million won, less than 500 million won), 2 special siblings (where multiple victims or multiple victims have committed a crime for a considerable period of time), decision on the recommended area, the scope of the recommended sentence (one year to 6 years), and the scope of the recommended sentence (one year to 1 August 6), and other various sentencing conditions, such as Defendant age, character and behavior, environment, the background of the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the court below is too unreasonable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.
(However) However, since it is obvious that the facts constituting the crime of the lower judgment [2014 Highest 1869] section 1-b (b) is a clerical error, it shall be corrected as shown in the attached Form)