2. The facts that the Defendant recognized the instant crime and against his mistake are expected to have returned approximately KRW 40 million, including that there was no criminal power prior to the instant case, and that there was no amount of KRW 15 million paid as part of the agreed amount, are favorable to the Defendant.

However, in full view of the following facts: (a) the amount of damage in this case is larger than KRW 1290,000; (b) the amount equivalent to the amount acquired through deception is not less than the liability for the crime using gambling money; (c) the amount not used by the victim up to the trial; and (d) other various circumstances that are conditions for sentencing, such as Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) new circumstances or changes in special circumstances that may be reflected in sentencing after the sentence of the lower judgment, it is not deemed that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.