The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and two months) is too unreasonable.

2. The judgment below's punishment is somewhat inappropriate in light of all the factors such as the background leading to the instant crime, the relationship between the Defendant and the victim, the age of the Defendant, character and conduct, environment, and circumstances after the instant crime, including the fact that the amount of fraud by the Defendant is very large, but the Defendant is so confession and reflected by the Defendant, the Defendant pays 27 million won to the victim in the investigative agency under the pretext of the victim's repayment, and the additional payment was made to the victim in the trial, and the victim submitted a written agreement that the victim does not want the punishment of the Defendant, and the Defendant did not have the same criminal record.

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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore 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 crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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