1. Case Overview

The defendant was indicted on charges of defrauding a total of 364.98 million KRW over approximately six months by exploiting a relationship of personal trust. Although the court of first instance sentenced the defendant to one year in prison, suspended for two years, the prosecution appealed the ruling, citing inappropriate sentencing (arguing the sentence was too light).
 

2. Key Aspects of the Case

There were several unfavorable factors, including the substantial amount of financial damage and the fact that the victim withdrew their initial expression of leniency to petition for severe punishment. However, the core of the defense was the defendant’s commitment to substantial recovery, specifically the repayment of 270 million KRW—approximately 74% of the total damages.
 

3. Legal Defense Strategy

The defense provided a legal rebuttal to the prosecution's claims, asserting that the unfavorable circumstances had already been fully considered during the original trial. Counsel actively appealed for the court to maintain the original sentence by highlighting favorable mitigating factors, such as the defendant’s sincere remorse and their status as a first-time offender.
 

4. Outcome

The appellate court accepted the defense’s arguments, ruling that the original sentence did not deviate from a reasonable discretionary range. By dismissing the prosecution’s appeal, the court finalized the defendant's suspended sentence, successfully avoiding incarceration.