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 judgment is based on the fact that the amount of the fraud of this case is a sum of 47,50,000 won, and that the defendant did not agree with the victim is recognized, but the victim is also responsible for the occurrence of the crime or the expansion of damage, the defendant deposited for the victim the guaranteed amount which the defendant promised to acquire by deception of this case at the time of the trial, the defendant has no criminal records of suspended execution or above, the defendant has no criminal records of the crime of this case at the trial, the fact that all of the facts of this case are recognized and in depth, and social ties are clearly revealed, such as the defendant's personal relationship, such as the defendant's age, character and behavior, environment, motive, means and consequence, and the circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable, considering various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's punishment of the defendant.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "1. The defendant's partial statement" in the summary of the evidence is changed to "1. The defendant's statement in this court" and the defendant's statement in this court shall be deleted from 15 to 21. The judgment of the court below shall be as stated in each corresponding column of the court below, except for deletion from 2.15 to 21.1.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);