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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 (the imprisonment of eight months) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
It seems that the defendant experienced economic difficulties and received the proposal of one co-offender B, who is an accomplice, and prevented the crime of this case.
The profit actually acquired by the defendant seems to be less than the amount acquired by fraud.
The defendant has no record of criminal punishment for the same crime.
The defendant is in the position of the defendant to support his family, and his family and his branch are seeking the wife of the defendant.
Circumstances unfavorable to the defendant are as follows:
The money that the defendant acquired by deceit reaches 50,000,000 won.
Defendant was sentenced to 10 months of imprisonment due to the crime of immigration around 2012 and completed the execution of the sentence, and committed the crime of this case during the period of repeated crime.
The defendant did not take any measures to recover damage up to the trial of the court, and the victim was punished for the defendant.
In the above circumstances, there is no change in circumstances that could change the sentence of the lower court in the trial at the same time, and considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions stated in the record and the changed theory, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
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.