The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court’s sentence against the Defendant is unreasonable.

2. The crime of this case, even though the defendant did not have the intent to deliver real estate and ability to deliver it, is that the defendant concludes a lease contract and acquired the down payment by deceiving the victim, and it cannot be said that the amount of fraud is small, and the investigation agency promised to recover the damage several times to the original trial and did not comply with it, and the fact that the defendant has been punished by the same crime, such as fraud, is an unfavorable condition to

However, it is favorable to the defendant that the defendant paid 20 million won, which is the whole amount of damage, and the victim does not want the punishment of the defendant by agreement with the victim, and that it is necessary to consider the equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the judgment of the court in this case.

In light of these circumstances and the motive, means and result of the crime, the circumstances after the crime was committed, the defendant's age, character and conduct, environment, etc., all of the sentencing conditions in this case, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court [the scope of the punishment in general fraud group is less than 100 million won] [the punishment in one month to one year] and the criteria for suspension of execution (the grounds for pride: the penalty in a case where the punishment was not imposed or the damage was recovered in a considerable part] and the criteria for suspension of execution (the grounds for pride: the penalty in question) are considered to be excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.