A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

2. The fact that the amount of damage to the victim F caused by the Defendant’s act of defraudation of this case is not a total of KRW 173,422,559, etc. and is disadvantageous to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, Defendant’s personality and conduct and environment, the background and consequence of the instant crime, etc., as well as the conditions of sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat unreasonable, since it is judged that the sentence imposed by the defendant is unreasonable, considering the following circumstances: (a) the defendant was somewhat unreasonable, and the defendant was sentenced to a punishment of the defendant; (b) the victim was agreed to pay KRW 50 million to the victim at the time of the trial; (c) the victim was not punished; (d) the defendant was at the location where the defendant was to support his family; and (e) the defendant did not have any criminal record or any other criminal record of the same kind of punishment or suspended execution; and (e) the defendant was at the time of the crime.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as shown in the corresponding column of the judgment below, except for the addition of the defendant's statement in this court as stated in 1. 'the first head of the evidence'. Thus, it is cited as it is 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);

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