The judgment below

The defendant's appeal against the No. 1 crime is dismissed.

The judgment below

On the second offense in the judgment.

1. The summary of the grounds for appeal (an offence No. 1 in the original judgment: Imprisonment with prison labor for one year and three months, and a crime No. 2 in the original judgment: imprisonment with prison labor for three months) by the lower court is too unreasonable.

2. Determination

A. The part of the crime No. 1 in the judgment of the Defendant recognized all of the crimes No. 1 in the judgment of the Defendant, and is divided into depth of the mistake, and the latter concurrent crimes of Article 37 of the Criminal Act, which was rendered on July 2012.

However, the Defendant abused the trust relationship with the victims and committed the instant crime repeatedly for a considerable period of time, and even though the amount of damage incurred from the instant crime exceeds KRW 200 million, the Defendant did not pay damages for a long period of time.

In addition, considering the Defendant’s age, character and conduct, environment, method and result of the crime, the circumstances before and after the crime, etc., the sentencing conditions indicated in the instant records and pleadings, it is difficult to deem that the sentence imposed by the lower court on the first crime is appropriate and too unreasonable.

B. On July 5, 2012, the Defendant again committed the instant crime even though he/she was sentenced to a judgment of eight months of imprisonment and two years of suspended execution for the same criminal act.

However, the amount of defraudation is relatively less than 4.7 million won, and the accused is divided in depth, and the victim is not wanting to punish the accused.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the punishment sentenced to the second crime of this case by the court below is too unreasonable.

3. Thus, the defendant's appeal as to the part concerning the first crime in the judgment of the court below is without merit, and it is reasonable to dismiss it pursuant to Article 364 (4) of the Criminal Procedure Act, and since the defendant's appeal as to the second crime in the judgment of the court below as to the second crime in accordance with Article 364 (6) of the Criminal Procedure Act is reasonable, the

Criminal facts

b) the summary of the evidence and evidence.