The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant by deceiving the money amounting to KRW 40 million from the victim by means of a method of borrowing money from the victim, in a planned and systematic manner, by attracting the victim to gambling with five accomplices, and thus, it is necessary to punish the money amounting to KRW 40,00,000,000, because the method of punishment is very poor and the degree of damage is considerably excessive.

In addition, the circumstances alleged by the Defendant on the grounds of appeal are deemed to have already been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, sex, environment, etc. as shown in such circumstances, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too unreasonable.

3. Accordingly, 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.