The defendant's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the reasons for appeal (unfair sentencing) is unfair because the punishment of the court below (the punishment amounting to 5,000,000) is too unreasonable.

2. The judgment of the court below determined that the crime of this case was committed by deceiving the victim with respect to the ability to repay the debt amount of KRW 12 million in total from the victim, the amount of fraud is not significant, and the defendant's repeated transition promise also has not been recovered until now, and the nature and circumstances of the crime are disadvantageous to the defendant, the fact that the defendant recognizes the crime and reflects the mistake, the fact that the defendant has no record of crime exceeding the suspended execution of imprisonment without prison labor, and the fact that the defendant has no record of crime exceeding the suspended execution of imprisonment without prison labor is considered as favorable to the defendant, and other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior and environment, relationship with the victim, motive and consequence of the crime, the circumstances after the crime, etc., were determined as the sentence like

On November 16, 2019, the Defendant paid KRW 5 million out of the amount of damage to the Defendant, up to the trial.

However, it is difficult to accept this argument because it does not submit any materials as to this argument, and other reasons for sentencing asserted by the defendant in the trial at the court are considered in the original instance, and there are no new circumstances to consider the sentencing after the pronouncement of the original judgment, compared to the first instance court, where there is no change in the conditions of sentencing and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), it is reasonable to respect the sentencing of the first instance court, taking into account the following as a whole: (a) the sentence imposed by the court below is without merit; and (b) the sentence imposed by the defendant is not unfair.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.