The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant is recognized to commit the instant crime when it comes to the trial.

However, the defendant did not agree with the victim, and even in the past, in the process of mediating real estate transactions, the defendant has been punished for fraud or embezzlement.

Although the defendant deposited KRW 30 million on behalf of the victim of this case, it seems that this was already reflected in the sentencing grounds of the court below, there is no new change in circumstances that could change the sentence of the court below in the court below.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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.