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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the Defendant led to the instant crime, the Defendant’s confession and reflect on the instant crime, the Defendant did not actively deception the public officials, etc. related to the deposit, but committed the instant crime by taking advantage of the mistake of the relevant persons, and the victim’s fault by erroneously designating the person under solicitation appears to be large, and the Defendant is the primary offender.
B. However, in full view of the following circumstances: (a) the amount acquired by the Defendant is a large sum of 98 million won; (b) the amount obtained by the Defendant is not agreed with the victim; (c) the damage was not recovered; and (d) there was no special change in circumstances after the decision of the lower court was rendered; and (d) other circumstances that conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, are considered in favor of the Defendant, the lower court’s punishment is too unreasonable, even if it
Therefore, the defendant's above assertion is without merit.
3. 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. It is so decided as per Disposition.