2. The fact that the Defendant, when making a judgment in the appellate trial, recognized all of the instant crimes and reflected, and that part of the damage was recovered by paying 800,000 won to the victim at the lower court is favorable to the Defendant.

However, although the sum of the amount acquired through the crime of fraud of this case reaches KRW 27 million, the defendant was in a state where most of the damage amount is not repaid, and the defendant paid KRW 5 million out of the damage amount to the account transfer to the account transfer, and KRW 3 million in cash to the victim.

However, there is no evidence supporting this (the defendant transferred KRW 32,380 on March 10, 2015, KRW 68,380 on the 14.68,380 on the same month, KRW 500,00 on the 15.5.00 on the same month, and KRW 883,640 on June 12, 2015 to the account of the damaged person. However, in light of the fact that there has been continuous monetary transactions between the defendant and the injured party, the above account transfer details, etc. were paid as repayment for the money fraud in this case.

In light of the records and changes in the judgment below in this case where there is no change in circumstances that make it possible to change the sentence of the court below to the appellate court, the defendant, who was sentenced to a fine of KRW 500,000 as a crime of fraud in 2008, has a record of being sentenced to a fine of KRW 500,00,000, is not subject to the conclusion that the court below exceeded the scope of reasonable discretion due to excessive punishment imposed on the

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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.