2. In the judgment of the court below, the Defendant’s confessions of the instant crime and appears to repent of his mistake when it comes to the trial. On July 17, 2010 of the first head of the crime in the judgment of the court below, the equity should be considered with the case of a judgment at the same time as the case of fraud which became final and conclusive, and the fact that the Defendant has a father and mother who must support is favorable to the Defendant.

However, in light of the fact that the acquired amount of money is not at least KRW 30 million, the agreement with the victim or the recovery of damage was almost not made until the trial is in progress, the defendant was sentenced to a punishment of two-year suspension of execution in June of 2009 due to fraud, and again commits the crime of this case during the suspension period of execution, the victim wanted to be punished strictly for the defendant, according to the sentencing guidelines, the defendant falls under the basic area (less than KRW 100 million) and the recommended sentence falls under the basic area in the case of the defendant, and the court below sentenced the minimum punishment for recommendation between 6 months and 1 year and 6 months, and other various factors, such as the defendant's age, character and conduct, motive and conduct of the crime of this case, and circumstances after the crime, etc., the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion is without merit.

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