A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

2. The lower court’s judgment is that the amount of damage to the victim C Co., Ltd. (hereinafter “victim”) caused by the Defendant’s deception of this case is relatively large of KRW 493,793,820, and that the Defendant has been punished several times in the past (two times a suspended sentence of imprisonment) due to fraud, etc. is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant paid KRW 150 million to the victim on February 4, 2014 and that the victim agreed to pay the remaining KRW 350 million to the victim later, and that the victim does not want the punishment of the defendant, and that the defendant led to confession and reflects against himself, etc., the circumstances favorable to the defendant, such as the character, conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc., and all the circumstances constituting the conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat unreasonable, and the above argument by the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

2. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal);