The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is based on the following circumstances: (a) the crime of this case is committed without the intent or ability of the Defendant to repay the debt, and the maximum amount of the claim of the right to collateral security cancelled by deceiving the victim to acquire property profits; and (b) the crime of this case is disadvantageous to KRW 86 million.

However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case and divided his mistake, that the damaged person seeks the wife of the defendant by agreement with the victim after the decision of the court below was made, and that the defendant is the first offender.

In addition, considering the defendant's age, sexual conduct, environment, circumstances and results of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too 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 reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions in favor of the above reasons for reversal) and the conditions for sentencing as set forth in Article 62(2) of the Criminal Act shall be comprehensively taken into account, set forth in the text.