A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

2. The instant crime of this case, based on the reasoning of appeal, should be strictly punished against the Defendant, in light of the following: (a) the Defendant deceivings the victim and defrauds the maximum amount of KRW 350 million; and (b) the nature of the relevant crime and the criminal facts are not good; (c) the victim is liable for a large amount of liability due to the instant crime; and (d) the victim suffers serious damage, such as being detained by fraud.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment is too unreasonable, and thus, the defendant's allegation of unfair sentencing is unreasonable, since it is improper for the court below to impose excessive punishment on the defendant, since it is improper in light of the following factors: the defendant does not want the punishment of the defendant by agreement with the victim in the trial; the defendant was used as a fund to promote the operation and normalization of the book that the defendant operated.

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

Criminal facts

The summary of the facts and evidence admitted by this court is identical to the corresponding column of the original judgment, except for the addition of “1. Defendant’s statement at the trial court room” in the summary of the evidence, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Social service order under the Criminal Act;