The defendant's appeal is dismissed.

1. The sentence imposed by the court below (four months of imprisonment) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, the victim does not want the punishment of the defendant, the crime of indecent act by compulsion, etc. for which judgment has become final and conclusive, and the punishment should be imposed in consideration of equity in the case where each of the crimes of this case is adjudicated simultaneously.

However, in light of the fact that the Defendant has been sentenced to a fine, suspension of execution, and punishment through a series of times, and that there is a record of being punished for the same crime, and that the nature of each of the crimes of this case is bad, and that the fraud amount exceeds 26 million won, it seems that most of the damage is not recovered (the victim was a total of KRW 100,000,000,000,000,000,000 won was paid to the Defendant as a witness at the court of trial) and other sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

[However, since it is obvious that the facts constituting a crime [criminal records] part 2 of the judgment of the court below is a clerical error in the " September 14, 2009", it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure. Thus, it shall be corrected.]