The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant by taking the sales proceeds of KRW 12,70,000,000, in total from 78 victims under the so-called “K Fraud” method, and the Defendant needs to be punished strictly in light of the details of the relevant crime, such as the background, period, and frequency of the crime.

B. Although the Defendant had been sentenced to three times of imprisonment due to the fraud under the same law, the Defendant repeated the instant crime, in particular, the instant crime constitutes a same repeated crime.

It seems that the defendant continued to commit a crime in a short period, and the risk of repeating a crime is also high.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, growth background, family relationship, and criminal background, as indicated in the records and changes in the instant case, the sentence imposed by the lower court against the Defendant is not heavy.

3. Accordingly, 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.