The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

Judgment

The fact that the defendant is against the defendant's wrong recognition, the fact that the defendant paid 42.5 million won to the victim through criminal conciliation, and that the defendant agreed with the victim smoothly, and that the defendant did not have the same criminal record is a favorable factor for sentencing.

However, it is an unfavorable factor in sentencing that the amount obtained by the Defendant is not at least KRW 44 million, and the lower court is deemed to have determined a punishment by fully taking into account the circumstances favorable to the Defendant. In light of the fact that there is no change in the circumstances that would be different from the lower court’s judgment, and other various sentencing materials in the pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, etc., the lower court’s punishment is too unreasonable, and the Defendant’s assertion is without merit.

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