The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (five months of imprisonment) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the defendant has been punished for fraud at around 2008, and there has been other records that he had been sentenced to suspended sentence for embezzlement in relation to his business (motor vehicle sale). In addition, even though the total sum of the acquired money of this case reaches KRW 34 million, the crime of fraud related to the sale of used cars of this case is committed, and even if the total sum of the acquired money of this case reaches KRW 34 million, the victim's failure to agree with the victim, except that he has been repaid to a total sum of KRW 34 million (the trial records No. 27 of this case), and other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., are heavier than the sentence imposed by the court below.

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.