A defendant shall be punished by imprisonment for not less than eight months.

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

2. The circumstances are that the Defendant is disadvantageous to the Defendant, such as the fact that the Defendant had been punished several times due to the same crime, but again committed the instant crime; that the Defendant deceivings the victim by taking advantage of a pro-friendly relationship with the politician; that the nature of the crime is bad; and that the amount of damage exceeds KRW 50 million.

On the other hand, the fact that the defendant made confessions and reflects all of the crimes of this case when they were in the trial, in the trial of the party, that the victim agreed to pay a considerable portion of the damages to the victim, and that the victim wanted to take the Defendant's wife, and that the state of health is not good, etc., are favorable to the defendant. In light of the above circumstances and other factors, and all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is judged that the punishment imposed by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[C] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) except for the alteration of “the Defendant’s partial statement” to “1. The Defendant’s oral statement” as “the Defendant’s oral statement at the trial,” the same as the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 3

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant under the above Article 62(2)) and the conditions for sentencing as stated in the above Article 62(2) shall be considered.