The defendant's appeal is dismissed.

1. The lower court’s sentence (eight months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. The Defendant, while operating the business franchise Co., Ltd., Ltd., which is engaged in the business, acquired the same amount of monetary benefits by receiving lease deposits exceeding KRW 50 million by hiding the circumstances of the reduction of the deposit deposit, in the course of holding office for the shopping mall underground shopping malls, which can be operated by the Head of the Swiss Team, from the Dispute Resolution Co., Ltd. to the victim D by leasing from the Dispute Resolution Co., Ltd., and allowing the victim D to operate as a franchise.

In light of the fact that the victim did not know the circumstances in which the deposit was reduced due to the Defendant’s deception and did not know, the victim paid KRW 200 million as requested by the Defendant as the deposit, and that he became aware of this fact after a considerable period of time, and that the Defendant did not recover the damage for more than four years, thereby causing considerable economic damage to the victim, and that the Defendant did not receive a letter from the injured party until now, the charge liability of the Defendant is not easy.

On the other hand, the Defendant recognized the instant crime and opposed to the mistake.

The judgment below

After the sentence was rendered, the amount of damage 50 million won was deposited at the latest.

The crime of this case is a concurrent crime with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the first head of the crime in the judgment of the court below, and the crime of this case is concurrent crimes after Article 37 of the Criminal Act, and it is necessary

Considering these favorable circumstances, the court below ordered the defendant to conduct a social service for a certain period of time when he/she is engaged in a normal social life, and also seems to have the necessity that the defendant should have an opportunity to reflect his/her behavior and recover the sense of social responsibility through social service work.

3.2