The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant recognized the instant crime, thereby against the mistake; (b) the Defendant was the initial offender at the time of the instant crime; (c) the Defendant was in the first offender; (d) the Defendant was under surgery with a shoulder stringer, salt, and fluorro fever; and (e) the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. on September 16, 201, and the judgment became final and conclusive on January 23, 2012; (c) the instant crime and the said crime for which the judgment became final and conclusive at the same time were to be determined in consideration of equity with the case where the said crime are concurrently adjudicated.

However, the crime of this case was committed by deceiving the successful bidder by the so-called "a return prevention system" method, such as joining a new system of successful bid that is continuously organized in order to prepare an advance payment in the status of joining several successful bidders, and receiving the advance payment, and paying it as an advance payment, and the nature of the crime was very poor in light of the amount of damage, etc., and the defendant did not agree with the victim up to the trial, and did not take any special measures to recover any damage, and there is no special circumstance or change of circumstances that may be newly considered in the trial after the decision of the court below, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the punishment of the court below is too too unreasonable.

3. In conclusion, 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.