A defendant shall be punished by imprisonment for one year.

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

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. In light of the judgment of the prosecutor and the defendant's argument, it is reasonable for the court below to have imposed the sentence too too too much in consideration of all the sentencing conditions as shown in the records and arguments of this case, such as the fact that the amount of fraud (amount of damage) is considerably less than KRW 240 million, and the property and mental damage of the victim caused by the crime of this case seems to be considerable. However, while the defendant is making a confession of all of the crimes of this case and there is no record of criminal punishment, the defendant has repaid or deposited the victim about KRW 190 million out of the amount of the above damage, the victim has expressed his intention not to be punished until the trial of the case, and the victim expressed his intention not to be punished until the trial of the case, and other punishment conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and the circumstances after the crime.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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