The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.

2. The Defendant, by taking advantage of the victim’s trust in a related relationship, acquired a large amount of money that exceeds KRW 400 million in total from the injured party during a short period that does not reach two months in a variety of terms.

The crime of this case seems to have suffered a considerable mental suffering as well as large economic damage.

The Defendant used most of the money acquired by the victim for personal purposes, such as gambling.

Part of the amount of damage caused by the crime of this case, which has not been recovered, is reasonable.

On the other hand, on the other hand, the defendant recognized the crime up to the trial, and divided his mistake.

The Defendant repaid 64 million won to the victim during the trial of the lower court, and repaid 100 million won additionally during the trial of the lower court, thereby recovering the considerable part of the damage caused by the instant crime.

Therefore, the victim expressed his/her intention that he/she does not want to be punished for the defendant during the trial of the court.

Each of the crimes of this case is in the relation of concurrent crimes before and after the judgment of the court below, and after Article 37 of the Criminal Act, it is necessary to consider equity in the case of judgment at the same time.

The Defendant had no record of criminal punishment for the same crime before committing the instant crime.

In addition, in full view of various circumstances, including the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the records, the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-]