A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

2. The amount obtained by the Defendant is not less than KRW 24 million. This case is likely to be subject to criticism that the Defendant committed by taking advantage of the personal trust relationship with the victim, and the Defendant tried to avoid liability on the ground of another person without properly explaining the source of the loan money. However, the Defendant is waiting for committing a crime; the Defendant does not have the same criminal records; the Defendant deposited KRW 19.2 million out of the amount obtained by the Defendant for the victim when he was in the judgment of the party; the Defendant seems to be in profoundly against the Defendant’s wrong living in custody for about two months; and the Defendant appears to be against the Defendant’s age, character and conduct, occupation and environment, the background and consequence of the crime, and circumstances after the crime. In full view of various sentencing factors indicated in the instant case, the punishment of the lower judgment seems to be somewhat excessive.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);