The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued the misunderstanding of facts about the amount acquired through deceit as the grounds for appeal.

Nevertheless, the court below rejected the defendant's appeal on the grounds of unfair sentencing only by viewing the defendant's grounds of appeal as the allegation of unfair sentencing, and without determining the misunderstanding of facts on the amount of money fraud.

However, in light of the relevant legal principles and the evidence duly adopted by the first instance court maintained by the lower court, even if the Defendant returned part of the amount to the victim later, this does not affect the establishment of fraud. Therefore, it is justifiable in conclusion that the lower court affirmed the first instance judgment convicting the Defendant of all of the fraud of KRW 200 million around January 31, 2011 among the facts charged in the instant case, around August 30, 201, and around March 30, 201, and KRW 300 million around March 30, 201.

In doing so, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, thereby misunderstanding the relevant legal principles,

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.