The defendant's appeal is dismissed.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where 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). In light of the various circumstances, the crime of this case is used for gambling funds after the Defendant acquired the victim the purpose of use and acquired the money, and the nature of the crime is inferior, the damage amount is an amount equivalent to KRW 100 million, the Defendant’s failure to use the money from the victim, etc., taking into account the circumstances unfavorable to the Defendant, taking into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant has committed a criminal act in excess of the same criminal power or fine; (c) the Defendant has no criminal power over the same kind of crime or fine; and (d) the Defendant has paid a part of the amount to the victim; and (e) other circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, it is difficult to deem that the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.