The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case is a case in which the victim E and F who had been trusted with the fiduciary duty to purchase the land by deceiving the victim E and F and the victim acquired the purchase price to the extent of the difference, and the method or crime is not good, and the total amount of damage caused by the act of deceitation of this case is relatively large amount of KRW 80 million, etc., which is disadvantageous to the defendant.

However, after the judgment of the court below was rendered on January 10, 2013, the defendant agreed to pay KRW 60 million to the victims on January 10, 2013, and agreed that the victims are not subject to punishment of the defendant, confessions and reflects by the defendant, the defendant is in a position to support his family, there is no criminal record of the defendant, and the defendant has to receive continuous medical treatment due to the liver cell cancer and food scam, etc., which are favorable to the defendant, character, character and environment of the defendant, the background and result of the crime of this case, circumstances after the crime of this case, etc., and all the other circumstances that are conditions for sentencing as shown in the records and arguments are considered unfair. Thus, the above argument of the defendant is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 30 of the Criminal Act concerning criminal facts; Articles 347(1) of the Criminal Act;

2. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal);