A defendant shall be punished by imprisonment for one year.

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

2. The lower court, under the favorable circumstances that the Defendant repaid 76 million won to the victim, rendered a sentence by taking into account the following factors: (a) the amount obtained by deception due to the instant crime is a large amount; (b) some amount of damage was not recovered; (c) the Defendant escaped for at least three months after the date of the lower judgment; and (d) the Defendant had the record of punishment for the same kind of crime; and (b) other factors of sentencing as indicated in the instant records and pleadings, including the Defendant’s age, occupation, character and behavior, environment, motive, means and consequence of the crime; and (c) the circumstances after

However, in full view of the following facts: (a) the Defendant led to the appellate trial to the confession and reflect the instant crime; (b) the full amount of damages remaining after the pronouncement of the lower judgment was recovered by repaying the amount of damages to the victim; and (c) the victim did not want the punishment against the Defendant, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated 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 relevant Act concerning the facts constituting an offense, the multiple-choice of punishment, and the choice of imprisonment;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.