The defendant's appeal is dismissed.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment is recognized that the Defendant paid 5 million won to the victim, that there is no criminal record of the same kind and suspended execution, that there is a family member to support.

However, it is not appropriate to commit a fraud against a victim who was in a trust relationship by the defendant, but the amount of money obtained by deceit is large.

The defendant did not agree with the victim so that he can be faced with the trial, and there seems to be little possibility that damage will be recovered in light of the defendant's economic situation.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.