The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered the above sentence by taking into account the circumstances favorable to the Defendant’s efforts to recover damage, such as reimbursement of KRW 52 million out of the amount obtained by deception, in light of the method of the instant crime and the degree of damage.

However, in addition to the above favorable circumstances in consideration of the court below, the court below determined that the punishment imposed by the court below is unfair on the ground that the defendant performed the remaining 28 million won against the victim after the sentence of the court below, and set up a collateral security equivalent to 23 million won (including interest of 3 million won) on the real estate in the name of the defendant, with regard to the remaining 20 million won, and in full view of the fact that the defendant agreed with the victim, and other sentencing conditions such as the defendant's age, sex, environment, circumstances leading to the crime, means and result of the crime, scale of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;