The defendant's appeal is dismissed.

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

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized and reflected the instant crime; (b) the amount of damage is not a relatively large amount of KRW 3.5 million; and (c) there is no record of criminal punishment in the Republic of Korea.

However, the so-called “scaming” crime, such as the instant crime, consists of organized, planned, and intelligent elements, and is highly harmful to society, and even a subordinate member participating in only part of the crime because it is difficult to arrest all organization members, a strict punishment is required. The Defendant directly intruded the victim’s residence and stolen cash, and acquired one million won from the victim’s name, etc., which is considerably poor in the nature of the crime, such as the Defendant’s recovery of damage or failure to agree with the victim, and other all kinds of sentencing conditions, including the Defendant’s age, sex behavior, environment, family relationship, motive, and circumstances after the crime, etc., the Defendant’s assertion is without merit.

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.