The defendant's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the instant crime, and deposited KRW 40 million for the victimized company at the investigation stage.

However, the crime of this case is not likely to be committed in light of the various criminal acts of this case, such as requesting the accomplice to make a false statement in a way that enables the police to take advantage of the whole criminal act, even in the case of aiding and abetting the criminal, by having the accomplice make a settlement as if the defendant actually purchased food by using the points accumulated by making use of a false order for delivery food order of smartphones, and by applying for points settlement to the damaged company in the name of the affiliated store operated by the accomplice and receiving cash settlement through cash settlement, and thus, the criminal of this case is more likely to be committed. The defendant was sentenced to imprisonment for ten months on Jan. 28, 2013 and the execution of the sentence was made on Jun. 28, 2013.

7. 25. After the expiration of the parole period, the Defendant committed the instant crime and constitutes a repeated crime; the Defendant has the power to have been sentenced to imprisonment for 6 months for fraud in 201; and taking into account the following factors: the Defendant’s age, sex, environment, etc., and other various sentencing factors as indicated in the record and the theory of change, the sentence imposed by the lower court is not heavier.

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.