사기
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The judgment of the court below is contrary to the defendant's confession, but the amount of damage caused by the crime of this case was not less than KRW 51 million, the defendant did not repay the loan to the victim without paying the loan to the victim, and the defendant did not agree with the victim and did not take any particular measures to recover from damage. In full view of all the circumstances that form the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, the background and contents leading to the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.