2. The fact that the defendant has no record of punishment for the same kind of crime, and that all of the crimes of this case are recognized and reflected, is an element of sentencing favorable to the defendant.

However, in full view of the various sentencing conditions shown in the argument of this case, including the fact that the crime of this case is not adequate in law and the amount of damage reaches KRW 53 million, and that the victim's damage was not completely recovered from the time of the crime of this case to the trial in which more than two years passed from the time of the crime of this case, etc., the punishment sentenced by the court below to the defendant is determined within the proper

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.