The judgment of the court below (excluding the part of the compensation order) shall be reversed.

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

except that this shall not apply.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. In light of the fact that the amount of defraudation caused by the instant crime reaches KRW 240 million, and the degree of damage is considerable, there is a need to punish the Defendant strictly.

However, in light of the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant was not punished by the defendant in the trial of the party, that the victim was not punished by the defendant in consultation with the victim, the contents of the contract between the defendant and the victim and the circumstances leading to the transfer of ownership registration, etc., it seems that there is some negligence on the part of the victim, that there was no criminal conviction exceeding the same kind and fine for the defendant, and other various sentencing conditions in the records and arguments, such as the age-friendly family environment of the defendant, circumstances before and after the crime, etc., the court below'

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited 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. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);