A defendant shall be punished by imprisonment for two years.

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant recognized and reflected the instant crime, and partly damaged damage was restored (the recovery amount recognized by the victim is about KRW 177,460,000). However, a large amount of money obtained by deception through the instant crime, and the victim lost ownership by auctioning all the land on two parcels of land provided as security.

Except for part of the recovery of damage, the damage was not properly performed.

The victim agreed with the defendant at the court below, and the victim revoked the complaint, but the content of the agreement was that the defendant would pay 450 million won a criminal agreement to the victim in the future and did not actually recover from damage, and the victim did not change the attitude of the defendant after the sentence was sentenced by the court below in the trial and did not express the intention of recovery from damage, and again want to be punished against the defendant.

In addition, the defendant committed the crime of this case during the period of probation for the same crime, and after being investigated as a result of the crime of this case, the defendant was arrested and detained.

In addition, comprehensively taking into account all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is not unfair because it is too unreasonable, and is too unreasonable.

Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is without merit, but the appeal is identical to the prosecutor's appeal and its object is reversed in accordance with the prosecutor's appeal. Thus, the defendant's appeal is not dismissed separately,

Criminal facts.