The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of entering into a contract for mistake of facts, the Defendant said that the Defendant did not become a lessee’s credit for the lease to the victim, and the victim concluded a contract with the knowledge of such circumstances of the Defendant.

Therefore, the defendant did not deceiving the victim.

B. The first instance of the unfair sentencing decision (7 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the Defendant is sufficiently aware of the fact that the Defendant, even though the credit rating was lower so that it could not obtain the lease approval normally, and even if a car was leased, the Defendant did not have the intent or ability to pay the lease fee properly, without notifying the victim of such fact, by deceiving H, the representative of the victim, as indicated in the first instance judgment.

The defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing, the Defendant not only had the record of having been sentenced two times for the same crime, but also committed the instant crime during the period of repeated crime.

The first instance court seems to have determined the punishment in consideration of all favorable circumstances to the defendant, and there is no special change or circumstance that can be newly considered in sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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