The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is based on the following circumstances: although the defendant's mistake is recognized, the age of 70 is the age of 70, and the health condition is not good because he suffers from a disease such as high blood pressure, etc.; the defendant's crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, etc. already established in the judgment of the court below; the defendant's crime of this case should be sentenced to punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39 (1) of the Criminal Act; however, the defendant has already been punished by imprisonment with prison labor, imprisonment with prison labor, suspension of execution and fine for the same kind of crime of this case, and four years and ten months have already passed since the crime of this case was committed, the defendant did not reimburse the victim at all; the defendant did not receive a letter from the victim due to an agreement with the victim; the defendant's motive and background leading up to the crime of this case, the defendant's environment before and after the defendant's occupation, family relation, etc.

3. As such, 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.