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 court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment is based on the facts that the amount of the fraud of the instant crime is 38 million won or more is disadvantageous to the Defendant.

However, in full view of the fact that the defendant recognized all of the crimes in the trial and agreed with the victim, there is no record of crimes exceeding the same criminal history and fine, and the fact that money was borrowed from the victim who had been traded before because the financial situation was difficult while running the business, which led to the crime in this case, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is too unreasonable because it 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-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for adding “1. Defendant’s current trial testimony” to the summary of evidence among the judgment of the court below, and thus, it is citing it as it is 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 grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are determined as follows: (a) on the grounds of the above unfair sentencing argument; and (b) on the same grounds as the disposition.