The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

2. Although the amount obtained by the Defendant through the instant crime is up to 70 million won, the fact that the Defendant was punished for the same kind of crime, etc. is subject to disadvantageous sentencing grounds, the Defendant’s confession and reflects the instant crime, the Defendant actually operated the travel agency, and appears to have reached the instant crime due to the proper operation of the travel agency, the Defendant reached an agreement with the victim, the Defendant committed the instant crime for two months by committing the instant crime, and the record of the instant crime and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and there are no other specific criminal records to the Defendant, and the Defendant has no other criminal records, it is deemed unfair by comprehensively examining the various circumstances that are subject to sentencing conditions, such as the Defendant’s age and happiness environment.

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 crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is 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 crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;