The defendant shall obtain money from the applicant for compensation from the court of the trial 93,901,254 won.

A. The lower court’s punishment (one year and six months of imprisonment) is too unfair in light of the following: (a) the Defendant, by deceiving a large number of victims a total of KRW 270 million or more, intentionally acquired the victims’ money; (b) the Defendant intentionally acquired the victims’ money; (c) the Defendant committed a crime continuously from September 2017 to June 2018; (d) the commission of the crime continues to be committed; (e) the victims’ damage recovery is due, and (e) the victims except the victims’ H want to be punished by the Defendant.

B. In light of the following circumstances, the Defendant’s new construction of a house and factory in order to expand the business, and the Defendant’s construction of a new house and factory was able to repay the borrowed money due to rent of new houses and other revenues, etc., the lower court’s punishment is too unreasonable in light of the following: (a) it was unreasonable for the lower court to have determined that the Defendant did not intend to borrow money from the victims or receive the goods after receiving the goods; (b) it is difficult to reduce the long-term life due to the lack of health conditions.

2. The current Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle on the argument of unfair sentencing by the defendant and the prosecutor, has an inherent area of sentencing determination in the first instance court. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant appears to have intentionally inflicted damage on the victims in the course of expanding his/her business, and the majority of the victims are the victims, and the period for receiving goods from the victims is not shorter than the period, and the circumstances alleged by the Defendant and the Prosecutor as factors for sentencing in each of the grounds for appeal have already been considered by the lower court.