The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is against the recognition of the instant crime when the Defendant was in the first instance, and the Defendant’s primary offender who had no criminal record prior to the instant crime is a favorable sentencing condition for the Defendant.

However, in light of the fact that the crime of this case was committed by the defendant by deceiving 40 million won from the victim, and that the responsibility of the defendant is not weak, although the written agreement prepared with the victim was submitted to the court below, the victim is trying to punish the defendant strictly, and the defendant has failed to recover the damage to the victim up to the trial, and other various circumstances, including the defendant's age, sexual conduct, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is too unreasonable, and thus, the above unfair sentencing argument by the defendant and his defense counsel is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.