2. Determination is an unfavorable circumstance, such as the fact that the Defendant prepared a false charter agreement and received a loan of KRW 200 million, with heavy emphasis on the case of the instant crime, and the fact that the method of receiving the instant crime is not adequate and the damage from the instant crime is not recovered.

On the other hand, there are circumstances that the Defendant reflects the mistake and take some of the circumstances into account the background of the crime, and the crime of this case is in a concurrent relationship with the crime of fraud, which became final and conclusive on August 22, 2018, under the latter part of Article 37 of the Criminal Act, and the Defendant is obliged to bear the child support for his children.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment cannot be deemed to be too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is without merit.

(However, according to Article 25(1) of the Regulation on Criminal Procedure, "two years of suspended execution" of 3 and 4 shall be sentenced to "one year of suspended execution" under the bottom of the first page of the judgment of the court below.