A defendant shall be punished by imprisonment for not more than ten months.

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

2. The Defendant, even before the lower court, has denied and disputed the criminal intent of defraudation, but all of the crimes are recognized and reflected in the trial.

The Defendant deposited KRW 75 million after the closure of pleadings in the lower court, and the victim does not want to be punished by the Defendant by making efforts to recover damage, such as paying part of the amount of damage to the victim in the lower court and preparing a promissory note fair deed on the remaining amount.

In full view of other circumstances that are the conditions for sentencing as shown in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the sentence that the lower court sentenced is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;