The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.

2. The fact that the sum of the judgment amount obtained by deception is a large amount of 100 million won, and that most of the damage was not recovered even after a considerable period of time from the date of occurrence of damage, and that it was not agreed with the victim, and that the defendant is not very good after committing the crime, such as escape while being investigated in the instant case and diving for about five years, etc.

However, considering the favorable circumstances, such as the fact that the defendant recognized the facts of the crime and divided, the amount of KRW 10 million out of the amount of damage, the amount of the victim recovered from the amount of damage, the fact that the defendant had been a relatively long-standing criminal record, and the defendant's medical history, etc., it seems that the state of health is not good in light of the defendant's medical history, etc., and other various circumstances, which are conditions for sentencing as shown in the records, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the court below's punishment seems to be somewhat unreasonable. Thus,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;