The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized all the facts charged in the instant case, and that there was no record of punishment for fraud prior to the instant crime is favorable to the Defendant.

On the other hand, on September 13, 2013, the defendant acquired 40 million won from the victim on September 13, 2013, used it for personal purposes and did not have been restored to the present time is disadvantageous to the defendant.

In addition, even if considering the amount of fraud, Defendant’s age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., all of the sentencing conditions and the equity in the case where the judgment of the court below becomes final and conclusive at the same time, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's above 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.