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

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

2. The judgment of the defendant committed the crime of this case by acting in the manner of marriage with the victim and taking advantage of his trust, thereby deceiving a large amount exceeding 40 million won from the victim. However, in light of the method of crime, the amount of damage, the nature of the crime, and the amount of damage, although there are no criminal records of the defendant, the victim is not subject to the punishment of the defendant due to considerable recovery of damage caused by the fact that the damaged party is not subject to the punishment of the defendant, and other various sentencing conditions indicated in the records of this case, such as the defendant's age, sexual behavior, family environment, etc., the sentence of the court below is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentencing of Article 62(1) of the Criminal Act (referring to the following reasons for the above reversal)

1. Persons who are specially mitigated in the mitigated area (~1 year) of Class 1 (less than KRW 100,00) on the basis of the sentencing guidelines, the scope of the recommended sentence [the recommended area] on the basis of the sentencing guidelines: No penalty shall be imposed;

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.