A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

2. The Defendant, by deceiving the victim of KRW 74 million as an investment money, has forged and exercised the disposal document to know the victim, and the crime is not good in light of the method of deception, the amount of deceptive money, etc.

The Defendant did not recover most of the damages to the victim.

However, the defendant shows the form of recognizing and reflecting the crime.

up to the trial of the case, the Defendant continued to repay the small amount to the victim and endeavor to recover the damage. The victim also sought the Defendant’s wife in the lower court as well as in the trial.

In addition to the punishment of a fine for a minor crime, the accused has no specific penalty power.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., as shown in the records and pleadings, the sentence of the lower court is deemed to be excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column 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(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with prison labor for the crime

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;