2. The circumstances favorable to the defendant include: (a) there is no record of criminal punishment for the same crime; (b) there is no economic situation at the time that the defendant committed the instant crime; and (c) the fact that the defendant committed the instant crime due to his mistake, and that his mistake is repented and reflected.

However, the defendant has been punished by a fine due to other crimes, and the crime of this case is committed by deceiving the victim D who has been engaged in his business without the ability or intention to repay, and by taking account of the following factors: (a) the method, background, and nature of the crime is not good; (b) the damage suffered by the victim due to the crime of this case is considerable, and the damage is not sufficiently recovered until recently; and (c) the sentencing of the defendant is too unfair because the sentencing of the court below is too unreasonable, and the above argument by the defendant is not reasonable.

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