The defendant's appeal is dismissed.

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (4 months of imprisonment) is too unreasonable.

Therefore, it is true that there are various circumstances that can be considered for the defendant, such as the following: (a) the defendant delivered 100 million won to F for the recovery of damage to the victim; (b) the F failed to recover damage by using it for other purposes; (c) the defendant was able to be tried together with the crime of fraud of first head of the crime in the judgment below; and (d) the defendant's health condition appears to be good.

However, if the defendant was sentenced to a two-year period of probation on September 20, 207 by the Seoul Southern District Court for fraud, which was sentenced to a two-year period of probation on August 2007, the defendant committed the crime of this case in the same kind without properly divided his mistake, the amount of fraud is 100 million won, and the victim seems to have suffered considerable economic and mental suffering, and the victim is not recovered from damage, and the victim does not reach an agreement with the victim. Ultimately, the court below determined the punishment in consideration of the circumstances favorable to the defendant, and there is no special change or change in the circumstances that may be considered for sentencing newly after the sentence of the court below, and other various circumstances that are the conditions for sentencing as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., even if all of the circumstances alleged in the grounds for appeal by the defendant and his defense counsel, it is unreasonable to deem the sentence of the court below to be reversed.

Therefore, the defendant's assertion is without merit.

2.2