Text
Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the original judgment is too unreasonable.
2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is deeply divided and reflected in his/her depth; and (b) the primary offender who has no record of criminal punishment.
However, the crime of this case is unfair in light of the following circumstances: (a) the Defendant’s access to the victim who is the offender and made a false statement that he would make an investment in the fund product and received KRW 10 million; (b) the criminal liability is heavy in light of the type of the crime and the amount of fraud; and (c) the damage has not been recovered; and (d) there is no change in circumstances that could change the sentencing after the sentence of the lower judgment was rendered; and (b) other all the sentencing conditions, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., such that the sentence of the lower judgment
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. It is so decided as per Disposition.