A defendant shall be punished by imprisonment for one year.

2. The Defendant has the following disadvantageous circumstances:

The defendant, for a period exceeding three years, repeatedly deceivings the victim and defrauds the victim with a large amount of money of KRW 142 million from the victim.

Of the money acquired by the defendant, KRW 1220 million has not yet been recovered.

Before committing the instant crime, the Defendant was punished for fraud.

Part of the crime of this case committed during the period of suspended execution.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

The defendant paid KRW 20 million to the victim in the first instance, and the remaining KRW 1222 million to the victim was written and delivered to the victim a letter of performance assurance that he/she will repay by March 30, 2020.

When the defendant is in a trial, the victim does not want the punishment of the defendant in consultation with the victim.

After the defendant was punished as a crime of fraud in 1993, there is no record of punishment for the same crime.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

Therefore, the defendant's above assertion is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;