The defendant's appeal is dismissed.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Circumstances favorable to the reasons for appeal: The fact that the defendant recognized the crime of this case, the fact that the defendant is against the recognition of the crime of this case, the fact that the defendant neglected to confirm the financial status and actual investment status of the defendant due to the high interest rate, etc., it appears that the victims are also responsible to some extent for the occurrence and expansion of damage; the actual amount of damage is performed by means of return prevention; and the actual amount of damage is much less than the amount of fraud; the calculation of actual damage should be taken into account as interest; and the fact that the 203,700,000 won paid as a traffic-related crime

A. Unfavorable circumstances: (a) the Defendant acquired a large amount of money equivalent to KRW 381 million against a large number of victims; (b) the Defendant paid part of the amount of damage to the victims; (c) however, it is merely merely that the Defendant received an investment from others, including the victims, and repaid the amount in a way to prevent the victims from returning; and (d) the Defendant is making a serious effort to recover the damage.

It is difficult to see that the victims want the strict punishment of the defendant.

In light of the above favorable circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, means, consequence, etc. of the crime, all the sentencing conditions as shown in the present case's arguments and records, and the scope of the recommended punishment according to the sentencing guidelines [general fraud (not less than KRW 100 million, less than KRW 500 million, KRW 50 million)] mitigated area (from June 20 to June 20), descriptive criteria: increase in the first step of type as a result of the combined crimes, special mitigated person: the victim is also responsible for the occurrence of the crime or the expansion of damage], it is not recognized that the sentence imposed by the court below is too unreasonable.