The defendant's appeal is dismissed.

1. The lower court’s sentencing (five years of imprisonment) against the Defendant in the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case is calculated by acquiring a sum of KRW 3.144 million from the victim under the pretext of real estate investment, etc. through several cases, and embezzlement of KRW 134 million from the victim’s money in custody of the victim during the said process, and not only is the method of committing the crime but also leads to a large amount of damage.

The victim, due to the crime of this case, complained of a serious mental impulse as well as property damage. The victim wanted to punish the victim.

In addition, the Defendant committed the instant crime even though he had the same record as the instant case, which was sentenced to a suspended sentence.

Considering the above circumstances, taking into account all the circumstances such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive and consequence of the crime, circumstances after the crime, etc., even though the Defendant recovered a significant portion of the amount of damage, and the lower court’s sentencing against the Defendant is too unreasonable, considering the fact that the Defendant led to the conviction, unlike the lower court, led to the confession of all the crimes and his mistake in depth.

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.