A defendant shall be punished by imprisonment with prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

The punishment of the court below (four months of imprisonment) is too unreasonable.

Judgment

A. Although the Defendant, as a result of the crime of unfair sentencing, acquired 4 million won from the victim as the price for the construction, the Defendant is against the Defendant’s mistake, and the Defendant’s payment of part of the money by deception at the appellate court and agreed with the victim is a favorable sentencing factor. In addition, taking into account the circumstances of the crime of this case, circumstances after the crime of this case, Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing data on the arguments, including the background of the crime of this case, circumstances after the crime of this case, Defendant’s age, personality and conduct, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee (general fraud type 1 (less than KRW 100:

B. The lower court rendered a compensation order to the Defendant for payment of KRW 3.9 million to the applicant for compensation, but the Defendant agreed upon with the applicant for compensation as seen earlier. Since the scope of the Defendant’s compensation liability is unclear, it became unreasonable to issue an order for compensation in the criminal procedure.

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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: the summary of the evidence in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where the police interrogation protocol of the defendant against the defendant was used as the "1. The defendant's current trial statement" in the first instance trial; thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment;