2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant commits a mistake, the defendant must support his children, the fact that the defendant's living conditions led to the crime of this case, and the victims who actively provided money to take high interest are responsible for expanding the damage. However, even though the defendant had previously been punished for a crime of fraud and the amount acquired by the victim from many victims over 90 times for a considerable period of time exceeds 40 million won, most of the victims have not been recovered or have not been used. In addition, taking into account the motive, means and result of the crime of this case, degree of participation, situation after the crime, age of the defendant, character and conduct, intelligence, environment, criminal record, etc., the court below's punishment against the defendant is too unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, since it is apparent that "1. accusation and investigation report (Submission of a detailed statement of passbook transaction)" was omitted in the main column of evidence in the reasoning of the judgment below, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.]