A defendant shall be punished by imprisonment for one year.

2. Although the progress of the G market reconstruction project promoted was practically impossible due to financial difficulties, the Defendant, if the business fund was lent, could have the right to execute the said project, by deceiving the victim company as if it would be possible to have the right to execute the said project, and by taking money exceeding KRW 320 million from it.

In light of the background of the above crime and the scale of damage, the nature of the crime cannot be deemed to be light.

This is disadvantageous to the defendant.

However, the defendant is recognized as committing a crime for the purpose of the trial, and is against the law.

It seems that considerable part of the money acquired by deception is used for the G market reconstruction project promoted by the defendant, and most of them are not used for personal purposes.

Despite the lack of economic ability, part of the damage in the trial has been recovered from the end of the effort, and the victim company and the victim company have agreed smoothly with the victim company. The victim company expressed their intention not to punish the defendant in this court.

This is the circumstances favorable to the defendant.

In full view of the above circumstances, considering various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

【Reason for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, among the reasoning of the judgment below, the summary of evidence is part of the defendant in the first copy of the judgment of the court below.