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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The fact that the crime of this case by deceiving the victim and deceivings the victim of a relatively large amount of KRW 90 million has no record of being punished for the same crime as the crime of this case, the confession of the crime of this case is against the defendant, and the victim expressed his intent not to be punished by agreement with the victim after the judgment of the court below, the victim paid KRW 40 million out of the agreed amount with the victim, and the victim made efforts to recover damage by creating a right to collateral security on the land owned by the defendant's matrimonial relationship to secure the remainder of money. In addition, the sentence of the court below is too unreasonable considering the various sentencing factors of this case, including the defendant's age, character and behavior, occupation and family environment, the background and result of the crime, and the circumstances after the crime, etc.

3. 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 well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;