A defendant shall be punished by imprisonment for four months.

2. According to the records, it is recognized that the defendant had a record of being punished by a fine of KRW 300,000 for fraud in 2008, and that the amount of damage caused by the crime of this case is KRW 53,500,000,000, in the name of the defendant, the defendant did not submit any other evidence to prove that the defendant has paid the victim a loss other than the payment of approximately KRW

② However, in full view of all the circumstances such as the fact that the Defendant recognized the instant crime, the victim expressed his intention not to have the Defendant punished in the trial of the party, and ③ the background, means, results, and the circumstances after the instant crime, etc., the sentence of the lower court is deemed unfair due to its failure to impose the sentence.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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