The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. On April 3, 2018, the Defendant, who was dissatisfied with the lower judgment and filed an appeal, failed to submit a written reason for the appeal within 20 days, which is the period for submitting the written reason for filing the appeal, even though he/she received a notice of receipt of the records of trial from this court, and the petition of appeal does not indicate the reason for filing the

On the other hand, the Defendant appealed on May 29, 2018 on the grounds that sentencing was unfair on the first trial date.

Although this statement was made, it cannot be a legitimate ground for appeal as a subsequent assertion to the period for submission of legitimate grounds for appeal.

2. Determination ex officio on sentencing

A. The appellate court shall judge the grounds included in the grounds for appeal, but it may decide ex officio on the grounds not included in the grounds for appeal (Article 364 subparag. 1 and subparag. 2 of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to find the amount of punishment unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds affecting the judgment may be subject to the appellate court’s trial even if they are not included in the grounds for appeal.

B. We examine ex officio sentencing.

The amount of defraudation caused by the instant crime is not more than KRW 100 million, and the defendant's consistently denies his criminal act in the course of investigation is an unfavorable circumstance to the defendant.

However, the crime of this case occurred when the Defendant borrowed money as a broker for real estate collateral loans, and the Defendant planned to have access from the beginning to the victim.

It does not seem that it does not appear.

In the civil litigation between the victim and the defendant's Dong E, the defendant, the victim and the defendant's mother agree with each other and the decision of recommending reconciliation was completed.

In addition, the defendant's age, sex, environment, motive and circumstances of the crime of this case, means and results thereof, and the circumstances after the crime are recorded.