A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The judgment of the court below is somewhat heavy in full view of the following circumstances: (a) the Defendant is led to confession and is against the judgment; (b) the instant crime of fraud was established on September 5, 2014 and concurrent crimes under the latter part of Article 37 of the Criminal Act; (c) the victim received dividends of KRW 10,216,078 in the auction procedure for real estate owned by the Defendant; and (d) the Defendant deposited KRW 10,000,000 for the victim at the trial; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (d) other circumstances constituting the condition for sentencing, such as the circumstances

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except the fact that the second 8th of the judgment of the court below is changed to “1. Defendant’s oral statement at the trial”, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;