The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant paid out KRW 18.5 million to the victim, thereby recovering part of the damage, and had a business expense claim against the victim. The instant crime constitutes a crime of fraud established on June 21, 2017 and a single concurrent crime established after Article 37 of the Criminal Act, and thus, is subject to equity in cases where the judgment was rendered at the same time.

However, even though the rehabilitation procedure of the company operated by the defendant was commenced, the defendant concealed it, and acquired the goods equivalent to KRW 1550 million from the damaged person, thereby committing the crime not only is the quality of the crime but also has not been restored to most of the damages.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.