2. The judgment of the court below is in favor of the defendant, such as the confession of the crime of this case and the fact that there is no record of criminal punishment exceeding the suspension of execution, etc. However, the crime of this case is not good because the crime of this case is committed by deceiving a victim who is not capable of performing his/her obligation or ability but by receiving the payment of KRW 25 million under the pretext of loan. The defendant has a record of criminal punishment several times for the same crime (including two times suspended execution), there is no agreement with the victim, nor any effort to recover from damage, and there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below was made. The scope of the punishment under the sentencing guidelines of the Supreme Court on the crime of this case is [basic crime: fraud type 1 (less than KRW 100 million), the scope of punishment under the general fraud of the military, the age of the defendant from June 1 to 6], the defendant's age, the motive and motive of the crime of this case, the circumstances of this case and all other reasons that the court below sentenced the punishment of this case.

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.