2. The judgment of the defendant is in depth and reflects the defendant's mistake, and the defendant has resided in a rental apartment for about 15 years with the wife of the third grade of the mental retardation. The recent years, there is considerable difficulty in economic situation, such as lack of any specific income, and there is a situation to leave the above rental apartment at present, and there are some favorable circumstances for the defendant. However, although the crime of this case is committed in favor of the defendant, although the defendant did not have the ability to take charge of the construction work or transfer his right to trees, he acquired the victim by deceiving the victim under the name of the contract performance deposit and the proceeds of the trees, and the nature and circumstances of the crime are not good, and the defendant has not received a letter from the victim or has not recovered the damage, and the defendant has not been punished by a fine even before the crime of fraud, and since there is no other unfavorable circumstances such as motive, means and result of the crime of this case, the defendant's age after the crime of this case, the defendant's personality, behavior and circumstances, various conditions of punishment, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.