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). The following circumstances are considered as favorable to the Defendant: (a) the Defendant has been aware of all the facts charged by the Defendant for the first time in the trial; (b) the Defendant has no criminal records of the same kind; and (c) the Defendant has repaid KRW 27 million out of the amount of the victim; and (d) the instant crime is committed in favor of the Defendant, taking into account the following circumstances: (a) the Defendant committed the instant crime under the pretext of the successful business with the victim at an elementary school; (b) the Defendant was in an internal relationship with the victim; (c) the nature of the crime was bad; (d) the amount of damage was a considerable amount of KRW 10 million; and (e) the Defendant was unable to take advantage of the fact that the amount of damage was 10 million won or more; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc.

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.