The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (4 months of imprisonment and 2 years of suspended execution) of the lower court is too unreasonable.

2. The fact that the defendant is old and healthy, that the victim does not want the punishment by mutual consent with the victim, and that the principle of equity with the case where the first head of the crime in the judgment of the court below is judged concurrently with the case where the judgment of first head of the crime in the judgment of the court below

However, in light of the fact that the court below has determined a punishment by fully considering the circumstances favorable to the defendant, there is no change of circumstances that could be different from the original judgment and the punishment in the case of the trial, the agreement with the victim was made, but the amount of fraud was not specified as 12 million won, and the defendant had the record of being punished for the suspension of execution due to fraud in 2005, and other various factors that are conditions for sentencing, such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.