2. Determination of the instant fraud damage is relatively large to KRW 1,60,000, and the fact that the Defendant recognized the crime is favorable.

However, the crime of this case is committed under the circumstances unfavorable to the defendant by deceiving the victim by using the unique characteristics of game items that are traded anonymous via the Internet, and thus, the nature of the crime is not good in light of the motive and method of the crime, and there is no evidence to recover the victim's damage until the trial is brought up. The defendant was sentenced to two years of imprisonment due to the crime of extortion, etc. and committed another crime only one month after the execution of the sentence was completed, and there is no special circumstance or change that may be newly considered in sentencing after the sentence of the judgment below. In addition, the defendant's age, sex, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. are considered as unfavorable to the defendant. In full view of all the various circumstances, it is not recognized that the sentence imposed by the court below is unfair because it is excessively excessive.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.