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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

The sentence of the court below (five months of imprisonment) is too unreasonable.

2. The crime of this case is determined by taking into account the following favorable circumstances: (a) the Defendant acquired money equivalent to KRW 30 million from the victim as investment money; (b) the Defendant committed the crime of this case against the victim, such as the poor criminal quality in light of the amount of the fraud, the method of the crime, etc.; (c) the Defendant’s payment of damages in the trial; (d) the victim also has a responsibility to a certain extent to increase damage in the sense that he invested money in the Defendant with a desire to obtain high profit in a short period; and (e) the Defendant also has a big loss on the part of the E; and (e) other favorable circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstance and consequence of the crime; and (e) all the sentencing conditions specified in the pleadings, such as the circumstances after the

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are 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;

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