The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances asserted by the Defendant as an element favorable to the sentencing in the first instance trial, such as the amount obtained by deception due to the instant crime is not considerably significant in KRW 400,00,00, and the agreement with the victim was reached with the victim, were already revealed in the hearing process of the lower court, and there is no particular change in the situation in the sentencing guidelines and the matters subject to the conditions of the sentencing after the sentence of the lower judgment was rendered.

The defendant has been punished as a crime of fraud 14 times, and among them, several crimes of the same law are committed as the crime of this case, and the defendant committed the crime of this case immediately on the day when he was released without being aware of the fact that he was sentenced to imprisonment for one year and six months due to a crime of fraud, etc., and that he committed the crime of this case immediately on the day when he was released.

The above circumstances and circumstances.