A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The sentence of the court below (one year and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In light of the background, method, and consequence, etc. of the crime by which the Defendant acquired a large amount of money from the victim, there is a need to punish the Defendant with severe punishment, taking into account the following circumstances: (a) the Defendant was not good to commit the instant crime; (b) the Defendant was suffering from considerable economic suffering due to not having paid damages for a long time; and (c) the Defendant denied the crime from the investigative agency to the lower court.

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 death of the Defendant for the first time in the judgment; (c) the Defendant led to the confession of the instant crime; (d) the Defendant paid KRW 150 million to the victim after the lower judgment; and (e) the agreement with the victim was reached; and (e) the Defendant’

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.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

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

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

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