The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10 million) is too unreasonable.

2. The judgment is a favorable condition that the defendant led to the confession of the crime of this case, and the defendant agrees with the victim, and the victim does not want the punishment of the defendant, the defendant paid KRW 7,100,000 to the victim up to the original trial. The defendant paid additional KRW 500,000 to the victim up to the original trial. The defendant is in a very difficult situation without good health condition, and the defendant must support the wife of the second degree of visual disability and the wife of the cancer.

However, this case is an unfavorable circumstance, such as the fact that the defendant deceivings the victim and defrauds the victim of KRW 30 million, and that the nature of the crime is not good, that the victim's damage is still deemed not to have been restored to a considerable part, and that the defendant was subject to suspension of indictment due to the same criminal act, and on October 30, 2015, the Daegu District Court sentenced two years of suspension of execution to six months for the crime of embezzlement on the ground of occupational embezzlement, which became final and conclusive on November 7, 2015, and committed the crime of this case without being aware of even though the defendant was in the period of suspension of execution.

In addition to the above circumstances, considering the fact that the court below seems to have determined the sentence of the court below in consideration of the favorable circumstances for the defendant, and the age, sex, environment, motive and background leading to the defendant's crime of this case, the means and consequence of the crime of this case, and all of the sentencing conditions in the theory of changes, such as the records of this case and the circumstances after the crime, the punishment imposed by the court below shall not be deemed to be unfair.

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.