The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced is too unreasonable (4 months of imprisonment).

2. It is recognized that the judgment of the defendant recognized his mistake and reflects that the defendant has a family member to support the defendant, and that the defendant has repaid the amount of damage amount of KRW 3 million due to the fraudulent act to the victim.

However, the crime of this case was committed by the Defendant by purchasing and selling a heavy difference with the victim, and after concluding a partnership business contract with the content that the Defendant distributes the proceeds therefrom, the Defendant received the middle and high-ranking purchase price from the victim, but it was used at will without using it for purchasing the middle or high-ranking vehicle, and embezzled by using it at will without distributing profits, and by deceiving the victim, acquired KRW 3 million from the victim by deceiving the victim. In addition, the damage caused by the embezzlement was entirely not recovered even in the name of KRW 28.7 million. In particular, the Defendant would use it as the middle and high-ranking purchase price.

On December 15, 2014, the fact that the Defendant committed the instant crime, even though having been issued a summary order of KRW 31 million on December 15, 2014 on the grounds that he/she acquired a total of KRW 31 million by fraud, shall be considered as an unfavorable condition to the Defendant. In addition, considering the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, sexual behavior, environment, motive and background of the instant crime, means and method of the crime; and (c) various circumstances that form the conditions for sentencing as indicated in the instant pleadings and records, the sentence imposed by the lower court is excessively unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.