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

Judgment

The fact that the defendant has recognized his mistake, that the defendant has no criminal conviction or criminal conviction of the same kind, and that the defendant deposited five million won for the victim is a favorable sentencing factor.

However, considering the fact that the amount of damage caused by the instant crime is not much than KRW 65 million, the fact that most damage has not yet been recovered, and the fact that the Defendant deposited an additional KRW 1 million for the victim in an appellate trial, it is difficult to view that there exists any change in circumstances that may vary between the lower judgment and the punishment on the sole basis of the fact that the Defendant deposited an additional KRW 1 million for the victim at the appellate trial, and other factors, including the background of the instant crime, the circumstances after the commission of the crime, the circumstances after the crime, the Defendant’s age, character and conduct, environment, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee [general fraud Type 1 (less than KRW 100 million: Imprisonment with prison labor for less than 6 months to 100 million: 6 months

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 30 of the Criminal Procedure Act is amended to add "Article 30" after "Article 347(1) of the Criminal Act" to the applicable provisions of the judgment of the court below.