The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case, the defendant paid 28 million won to the victim in the court below, and agreed that the defendant paid 2 million won to the victim and paid 2 million won in the court below, and that the defendant did not have any criminal record more than the suspension of the execution of imprisonment.

However, the amount of defraudation by the crime of this case is not less than KRW 50 million, and the criminal records of the defendant are punished for the same crime, and the crime of this case requires funds to promote the business of investing in a foreign country under the condition that the defendant is not able to repay with financial resources, and it is not sufficient to obtain money by deceiving the defendant that he will be repaid two times after the two months, which is disadvantageous to the defendant.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, etc., as well as various sentencing conditions shown in the records and arguments, the sentence of the court below is too unreasonable.

3. 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.