A defendant shall be punished by imprisonment for six months.

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

2. In light of the specific circumstances of the crime, the punishment corresponding to the crime is necessary in view of the fact that the nature of the crime is not light and the amount of the fraud is relatively large. However, the punishment of the court below is deemed unfair because it is too unreasonable in view of the following factors: (a) the defendant reflects the mistake; (b) there is no criminal record exceeding the fine; and (c) the injured party wants the wife of the defendant by compensating the injured party for the damages exceeding 20 million won; and (d) other factors such as the defendant’s age, sexual behavior, environment, family relationship, motive for the crime and circumstances after the crime are committed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited 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;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);