The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. On December 5, 2016, the Defendant deposited KRW 5 million on behalf of the victim after the closing of argument in the trial.

However, even though more than four years have passed since the defendant acquired money by fraud, it is difficult to promptly sentence the defendant more severe punishment than that of the court below because the defendant merely recovered part of the damage of 5 million won out of the amount obtained by deception 23 million won when he did not pay the money to the victim even though he did not repay the money to the victim. In addition, even around 2004, the defendant was punished by the suspension of execution of imprisonment with labor due to fraudulent borrowing in relation to the management of the construction waste disposal company.

In light of the circumstances in which the Defendant deposited part of the amount of damage in the trial, the lower court’s punishment still remains within the reasonable discretion and is deemed unreasonable, considering the comprehensive consideration of various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.

Therefore, the defendant's assertion is without merit.

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