The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, even though the defendant knew that the victim E (hereinafter referred to as the "victim") wants to obtain permission related to the C new port and D dredging plan, and the defendant did not have intended to cover or cover the expenses related to the above dredging plan to the Minister of Maritime Affairs and Fisheries. Even though it was not possible to do so, the crime of this case was committed by deceiving the victim and deceiving him with 35 million won under the pretext of rain funds, etc., and the crime is not good, and the defendant has been punished several times in the past due to fraud, violation of the Attorney-at-Law Act, etc. (two times of fine and three times of suspended sentence of imprisonment).

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant agreed smoothly with the victim, the fact that the defendant had already been detained in one month, the fact that the defendant's health conditions are not good aged, and the circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is unreasonable, and therefore

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

Criminal facts

The summary of the facts charged and the evidence admitted 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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

2. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);