The punishment of the court below (10 months of imprisonment) is too unreasonable.

Judgment

The defendant's mistake is recognized as all late, and the defendant paid 2 million won each to the victim H and J at the original trial, and agreed with the victim H is a favorable sentencing factor.

However, considering the fact that the acquired amount of the crime of this case was not 5 million won, that most damage has not yet been recovered even though it was sufficient time, that the victim H who prepared the written agreement at the court below wanted to punish the defendant for the reason of failing to fulfill the conditions of the agreement of the defendant, and that the defendant had the same criminal records, etc., it is an unfavorable element of sentencing. The court below seems to have determined a punishment by fully taking into account the favorable circumstances for the defendant. It is difficult to see that there is a change in circumstances that could vary from the judgment of the court below due to the circumstance that the defendant remitted the victim D a sum of 2.8 million won to the appellate court, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee [general fraud Type 1 (less than KRW 100 million): imprisonment with prison labor for six months to one year]. Thus, the defendant's assertion is not reasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.