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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (hereinafter referred to as 1,00,000 won of fine) is too unreasonable.
2. The sentencing factors favorable to the Defendant are the following: (a) the Defendant made a confession of all the instant crimes; (b) the victim withdraws his complaint; and (c) each of the instant fraud, which is recorded in the criminal records of the lower judgment, is in the concurrent relationship with the latter part of Article 37 of the Criminal Act
However, on September 24, 1997, the defendant has been sentenced to a fine of KRW 3 million at the Seoul Central District Court on March 18, 2003, in the Seoul Central District Court on June 26, 2003, as a crime of fraud, etc. at the Seoul Central District Court on May 9, 2003, as a fine of KRW 4 million, in the Seoul Central District Court on May 26, 2003, and a fine of KRW 3 million, in the Seoul Central District Court on July 6, 2005, respectively.
In light of the fact that the defendant's punishment sentenced by the court below is within the appropriate scope of sentencing, considering the fact that the victim voluntarily voluntarily withdrawn the complaint but the victim could not actually recover from the damage.
3. As such, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the application of statutes
1. Article 347 (1) of the Criminal Act shall be corrected to “Article 347 (1) of the Criminal Act (Selection of Fine)” as “Article 347 (1) of the Criminal Act” for the relevant criminal facts
.