Text
The defendant's appeal is dismissed.
Reasons
1. The sentence of the court below (one year and six months of imprisonment) is too heavy.
2. The fact that the Defendant was in the first instance and against all of his criminal acts, and that the Defendant also belongs to F and thereby led to the instant crime is an element of sentencing favorable to the Defendant.
However, the sum of the acquired money of this case reaches approximately KRW 140 million and the defendant did not agree with the victim, the defendant was sentenced four times to imprisonment for the same kind of crime as well as several times of punishment. The crime of this case constitutes a repeated crime that the defendant was sentenced to imprisonment for a crime of fraud and was committed within three years since the execution of the sentence was completed, and that there was no change in circumstances that may be considered in sentencing after the judgment of the court below is an element of sentencing unfavorable to the defendant.
In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means, and circumstances after the crime, the sentence of the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.