The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (five months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

The amount of defraudation caused by the instant crime is relatively small as KRW 99,00,000, and the damage was also recovered.

This is the circumstances favorable to the defendant.

However, the defendant committed the crime of this case during the period of repeated crime due to the same crime, and the method of committing the crime also is the same as the existing crime.

If 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, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances and various circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable, as it is too unreasonable, in light of the following circumstances: (a) the sentencing guidelines established by the Supreme Court’s sentencing committee for general fraud type 1 (less than KRW 100,000) falls under the basic area; and (b) the period of imprisonment from 6 months to 1 year and 6 months (the special aggravation factor: the same type of repeated crime, special mitigation factor: the considerable damage has been recovered).

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.