The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

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

2. Although the crime of this case is committed in collusion with the defendant without the ability to raise funds, there is a disadvantage to the defendant, such as deceiving the victim who is a number of buyers without the ability to raise funds by deceiving the money in the name of the sale price, the defendant's mistake and reflects it, the victim does not want the punishment against the defendant, the victim does not want the punishment against the defendant by agreement with the victim, and the equity should be considered with the case being tried together with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court below, which is in a concurrent relationship with the victim under the latter part of Article 37 of the Criminal Act, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and consequence, scale, means and consequence, degree of participation in the crime, equity

3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the same as the corresponding column of the judgment of the court below, except that the facts charged and the summary of the evidence, which are acknowledged by this court, are the same as that of the corresponding column of the judgment of the court below, with the exception of the dismissal of "No. 203"

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

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

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