The defendant's appeal is dismissed.

1. Determination on the Defendant’s assertion of unfair sentencing should take into account the following factors: (a) the Defendant committed the instant crime in depth while intending to commit the instant crime; (b) the Defendant did not have the same criminal records; (c) did not have the criminal records for the same offense; and (d) paid out part of the amount of damages (11 million won). However, the lower court appears to have determined punishment in consideration of the favorable circumstances; (b) there was no change in circumstances that could reduce punishment in the trial; (c) the instant crime was committed in a situation where the Defendant did not have the ability or ability to develop commercial land; and (d) did not know whether the Defendant did not carry out the business, by actively soliciting investment to the victim with concealing such circumstances; and (d) by taking account of the method of deception or the amount of money obtained by deception (135 million won); (c) the nature and circumstances of the crime and the crime did not reach an agreement with the victim up to the trial; and (d) the amount of damages did not have been recovered considerably; and (e) the Defendant’s age, Defendant’s character and circumstances after the instant crime and the sentencing.

2. 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.