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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (eight months of imprisonment).
2. The judgment is based on the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the benefits that the Defendant directly acquired are not much much; and (c) the Defendant has no record of criminal punishment in the Republic of Korea.
However, the instant crime is a so-called “scaming,” which is organized, planned, and intelligent, and the nature of the crime is not good, and the damage therefrom is broad, and the Defendant has played an essential role in the instant crime as a means to withdraw the crime. The scope of damage to the instant crime does not reach about KRW 19 million; equity between the crime committed before the judgment of the court below and the concurrent crime committed after Article 37 of the Criminal Act; there is no special circumstance or change of circumstances that may be newly considered in sentencing after the judgment of the court below was rendered; and in full view of all the sentencing conditions indicated in the record and the theory of change, such as the Defendant’s age, sex, environment, motive, means, consequence, and circumstance after the crime, etc., the sentencing of the court below cannot be deemed unfair because it goes beyond the reasonable scope of discretion.
Defendant’s assertion is without merit.
3. 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.