A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

2. The judgment of the court below is based on the following facts: although the crime of this case does not seem to be light in light of the contents of the deception, the defendant's misunderstandings in depth at the time of committing the crime late later at the trial; the defendant was a first offender who has no record of criminal punishment; the defendant paid 7 million won to the victim during the trial of the court below; the defendant deposited 67.6 million won for the victim at the trial of the court below; and the defendant deposited 67.6 million won for the victim in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's argument is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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;