A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. The fact that the judgment defendant obtained by deception from the victim is not a certain amount of KRW 30 million is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized all of his mistake and paid 30 million won to the victim after the judgment of the court of first instance, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the punishment of the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

【Grounds for the Judgment of the Court which has been written] The criminal facts and summary of evidence recognized by the court are identical to those stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. All circumstances examined prior to the reasons for reversal of sentence under Article 62(1) of the Criminal Act were considered.