A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment has become final.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. Considering that the nature of the instant crime is not good in light of the method and consequence of the criminal act by deceiving the victim by deceiving him/her, which is a total of KRW 100 million, the criminal act of this case is not committed in the investigative agency and the court below, the criminal act was denied in the investigation agency and the court below, the civil conciliation was established between the defendant and the victim, but the victim strongly wanted the punishment of the defendant because he/she failed to implement it, there is also need to punish the

However, in full view of the following circumstances: (a) the Defendant did not have any criminal record of the same kind as the instant crime; (b) the Defendant was led to the first instance court, and was committed against the Defendant when making a confession of the instant crime; (c) the Defendant deposited KRW 55 million in the lower court for the recovery of damage; and (d) the Defendant made efforts to recover damage by depositing KRW 27 million in the first instance court; and and (e) other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Grounds for the judgment of the court] Criminal facts and summary of evidence are as stated in the corresponding column of the judgment of the court below. The summary of evidence is the same as stated in the corresponding column of the judgment of the court below, except for adding "written statement at the trial of the defendant" to "written statement at the trial of the defendant." Thus, it is cited as it is in accordance

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;