The defendant's case is reversed.

A defendant shall be punished by imprisonment for nine months.

2. Determination is an unfavorable circumstance to the Defendant, inasmuch as the Defendant abused the victim’s trust for a long time and thereby inflicted damage on the victim, the amount of defraudation exceeds approximately KRW 58,00,00,00, and the half of the amount acquired by deception is used as horse expenses, and the amount exceeding KRW 40,000,00 of the amount of damage is not repaid.

However, the circumstances that are favorable to the defendant are that the defendant repents and reflects the mistake, that there is no record of criminal punishment exceeding the fine, and that part of the amount of money obtained by fraud is repaid by the original court.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment 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, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime