A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The crime of this case is deemed to have been acquired by deceiving the victim by deceiving the victim in a total of KRW 95 million. In light of the background, method and content of the crime, the amount of damage amount, etc., there are circumstances unfavorable to the defendant, such as the fact that the crime of this case is not good in light of the crime, the fact that the damage has not been recovered, but the defendant is dead and reflected, and the victim is paid additional KRW 7 million to the victim in the trial, and the victim and the victim do not want to be punished by mutual consent with the victim. The defendant does not have any history of criminal punishment other than punishment sentenced in 1982 and 207, and the defendant does not have any history of criminal punishment other than punishment sentenced in 1982 and 207, the defendant's age, character, environment, family relationship, motive, means and result of the crime, the defendant's argument is justified because the sentence of the court below is too unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part 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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (Amounting to 95 million won - Amounting to 7 million won);

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;