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. The first deliberation sentence is too unfair by comprehensively taking into account various conditions of sentencing, such as the Defendant’s age, sex, environment, motive and means of crime, motive and consequence of crime, etc., by comprehensively taking into account the following as a whole: (a) the amount of deception is KRW 47 million; (b) the Defendant was in the first instance trial; (c) the Defendant was smoothly agreed with the victim; (d) the Defendant was repented and has no record of being punished for the same kind of crime; and (e) the instant crime is in the concurrent criminal relationship with the judgment that became final and conclusive; and (e) the relationship between the Defendant and the latter part of Article 37 of the Criminal Act and the support for his family; and (e) the Defendant’s family is supporting.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is ruled as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to the description of the corresponding column of the judgment of the court of first instance. Thus, it is citing it as it is 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;