A defendant shall be punished by imprisonment for six months.

In this regard, it is recognized that the defendant, who is a high-class social relationship, has attempted to help the victim to acquire her husband's nationality, by deceiving the victim, acquired money by deceiving the victim, and the amount of defraudation is up to 77 million won, and did not agree with the victim.

However, in full view of the following factors: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant deposited KRW 10 million for the victim at the time of the first instance trial; (c) the Defendant was punished by a fine; (d) the Defendant was punished by a fine; and (e) the Defendant’s age, sexual conduct, environment; and (e) the details and result of the instant crime; and (e) the circumstances after the instant crime, etc., the Defendant’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

Thus, 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 it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for adding “the Defendant’s oral statement” to the column for the evidence of the court below, and thus, it is also acceptable 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;