A defendant shall be punished by imprisonment for six months.

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

A. The sentence of the court below (six months of imprisonment) against the defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case is a normal situation against the defendant, where the defendant retired from her workplace by using the fact that she was the deceased's senior career, and sought a new life, and the nature of the crime is not less than that of acquiring KRW 180 million from the victim under the pretext of the sale price for commercial buildings. The defendant, even though he acquired money from the victim on April 2008, continuously denied his criminal act by acquiring money from the victim, and transferred her responsibility to the victim, and partly repaid her money to the victim during the trial. The defendant's attitude seems to have suffered economic and mental pain for several years.

On the other hand, the defendant did not have a substantial profit from the crime of this case, and the actual manager of H appears to have led the sale of J commercial buildings as A, and the defendant deposited KRW 50 million at the court below's decision, and the fact that the victim wanted to take advantage of the defendant's wife by agreement with the victim in the trial of the party is favorable to the defendant.

In addition, the crime of fraud against the defendant is one of the concurrent crimes with the judgment that became final and conclusive in the latter part of Article 37 of the Criminal Act. In addition, considering the fact that the punishment should be imposed in consideration of equity in the case where the judgment is held simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act, and all of the sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence of the

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

Criminal facts

The main judgment of the court below is as follows.

The laws and regulations;