2. The circumstances leading to the commencement of the instant crime and the fact that there are some circumstances to consider the relationship with the victim, the equity between the instant crime and the crime of fraud, which is one of the concurrent crimes after Article 37 of the Criminal Act, should be taken into account; the Defendant’s attitude to recognize the Defendant’s mistake; and the Defendant’s health status is not good should be taken into account in light of the circumstances favorable to the Defendant.

However, the following should also be considered in the sentencing of the instant case: (a) the Defendant repeated the instant crime more than ten months, and the method of committing the instant crime was extremely poor; (b) the Defendant’s direct damage amounted to KRW 80,000,000 by the instant crime, and not yet recover from the damage; and (c) the victim seems to have suffered considerable mental suffering between them.

Considering the above circumstances and all other circumstances such as the defendant's age, sex, environment, etc., the punishment sentenced by the court below within the appropriate scope of discretion for sentencing.

The decision is judged.

3. In conclusion, 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.