A defendant shall be punished by imprisonment for one year.

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

2. The judgment of this case is that the crime of this case is not good in light of the method of the crime and the amount of the fraud, the fact that the defendant has been punished for the same kind of crime twice is disadvantageous, but the defendant acknowledges and reflects the crime of this case late, the fact that about 60 million won out of the amount of the fraud seems to have been used for the actual construction work, the defendant paid and agreed to pay the victim KRW 20 million to the victim in the first instance, and the damaged person does not want the punishment of the defendant, taking into account other factors indicated in the records and arguments such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is deemed unfair that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited 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. Determination of the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be based on the same reasons as the disposition, as seen in the judgment on the above reasons for appeal.