The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

140,000,000 won shall be collected from the defendant.

The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and June, 140,000,000) of the lower court is too unreasonable.

Judgment

The defendant, by taking advantage of the imminent situation of the victim who was under investigation and trial, acquired 140 million won by deceiving the victim, and received money and valuables on the pretext of soliciting the case handled by public officials.

In light of the means, methods and results of the defendant's crime, the responsibility of the defendant is very heavy.

However, the defendant has reached an agreement with the victim of fraud, and the victim does not want the punishment of the defendant.

(However, the part of the recovery of damage is only half of the total amount of fraud). The defendant is breaking his mistake in depth and reflects it.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered.

【The reasons for the judgment in multiple cases】 The facts constituting a crime recognized by the court in light of the summary of the facts constituting a crime and the evidence and the summary of the evidence are the same as the entries in each corresponding column of the judgment below, thereby citing them as they are in accordance with

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) of the Attorney-at-Law Act (the point of receipt of money and valuables under the name of trust) concerning facts constituting an offense;

1. Articles 40 and 50 of each Criminal Act for the commercial concurrence (a punishment provided for in the heavier fraud between each of the crimes of fraud and the violation of the Attorney-at-Law Act, and each of the punishments provided for in the same Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of concurrent crimes.