The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized the whole facts charged when it comes to the trial.

The defendant returned to the victims an amount equivalent to KRW 287 million out of the amount of damage, and he actually used the amount received until December 2017 as bitco investment.

There is no record that the defendant was punished in excess of a fine.

However, even if the amount of fraudulent damage has yet to be recovered, the number of gamblings has reached KRW 450,000,000, and the scale of gamblings reaches KRW 2.1 billion, etc., the nature of each of the crimes of this case and the circumstances are very heavy.

The defendant has already been punished for the same kind of crime, and he did not receive any conviction from the victims.

The above circumstances appear to have already been reflected in the sentencing of the lower court, and there is no change in the sentencing conditions compared with the lower court, since new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the instant arguments and records, the lower court’s sentencing cannot be deemed unfair beyond the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.