The defendant's appeal is dismissed.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized and reflected the instant crime.

The actual amount of damages seems to be less than the amount obtained by the fraud of the decision of the court below because the defendant actually carried out the construction work and pays the cost of the construction materials.

However, it is not different that the defendant actively endeavored to recover damage, and it was not agreed with the victim.

The defendant was punished as a crime of fraud several times, and the defendant was sentenced three times among them and was sentenced to a punishment for another crime two times.

The instant crime was committed again during the period of repeated crime.

In addition, there is no new change in the circumstances that can change the sentence of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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.