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

2. In light of the fact that the sum of the acquired money in this case exceeds 32,300,000 won in total, the victim wanted to punish the defendant, and the defendant has a record of being punished by a fine of 700,000 won for the same criminal act in around 2008, it is inevitable to sentence sentence against the defendant.

However, in light of the facts that the defendant recognized his mistake and against it, 1.2 million won was repaid to the victim at the court below, in order to recover the victim's damage in the trial, 1.5 million won was deposited in the court below, and 40 million won was prepared to pay the victim's her mother J as joint guarantor between the victim and the victim, and the fact that the victim's endeavor is made to recover the victim's damage after release, etc., considering the circumstances favorable to the defendant as favorable to the defendant, and considering all other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, character, character, occupation and environment, occupation and environment, family relationship, circumstance and result of the crime of this case, after the crime, etc., the sentence imposed by the court below against the defendant 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 following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;