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

Judgment

The fact that the defendant recognized the crime of this case, the defendant did not have the same criminal record and did not have any specific criminal record in addition to the two minor criminal records, etc. are favorable factors of sentencing.

However, considering the following factors: (a) the amount obtained by the Defendant is a total of KRW 60 million; (b) the fact that no damage has yet been recovered; and (c) there is no change in circumstances to the extent of the lower judgment and the punishment; and (d) various sentencing data on the pleadings, such as the background of the instant crime, circumstances after the instant crime; (b) the Defendant’s age, character and conduct, environment, etc.; and (c) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (general fraud type 1 (less than KRW 100: 6 months to 100: 6 months of imprisonment)), etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 347(1) of the Criminal Act is amended ex officio by changing "Article 347(1) of the Criminal Act to "Article 347(1) of the Criminal Act concerning facts of crime" in the application of the judgment of the court of the court below as "Article 347(1) of the Criminal Act