2. It is advantageous to the fact that the defendant shows an attitude to recognize and reflect his mistake.

On the other hand, however, this case is not against the nature of the crime by deceiving the victim and deceiving the victim of 40 million won, but has not yet been agreed with the victim.

In addition, the defendant has been sentenced to imprisonment with prison labor for the same crime and has several criminal records of the same kind.

In light of the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too unreasonable since it is too unreasonable. Thus, the above argument by 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.