The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal asserts that the court below's imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant by deceiving the victim to acquire pecuniary benefits, and the total sum of acquired gains is not less than 220 million won, etc., and the Defendant is disadvantageous to the Defendant, such as forging and exercising documents in the course of committing the crime of fraud, etc.

However, as the court below paid insurance money to the victim at the court below, a significant portion of the damage was restored, the defendant's payment of the remaining damage amount to the victim in the trial, and the victim did not want the punishment of the defendant, the family of the defendant is supported by the defendant, and the defendant has no record of previous punishment, etc. In full view of the circumstances favorable to the defendant, such as age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);