The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the reasons for appeal (the punishment of two years of imprisonment, additional collection of one billion won 1,45 million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. Circumstances favorable to the main sentence - Although the Defendant committed the instant crime, he/she was obtained by deception from the F who committed the fraud of a considerable amount of damage to the Defendant.

- there is no record that the defendant has been punished for the same crime.

- Unfavorable circumstances - The defendant, by deceiving the victim and deceiving the victim of a total of 1.0 billion won over 111 times a half-year amount, shall not be deemed to be a good crime.

- The victim did not make any particular effort to recover the damage.

The victim is filing a petition for severe punishment against the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, all of the sentencing conditions shown in the pleadings, including the circumstances after the commission of the crime, and the fact that the first deliberation sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the main sentence imposed by the lower court is too unreasonable.

B. 1) As to the additional collection, confiscation or additional collection stipulated in the relevant legal principles is aimed at depriving a criminal or a third party of money and valuables or other benefits and preventing them from holding unlawful profits. Thus, in a case where part of the money and valuables received under the pretext of solicitation is given to a public official concerned as a bribe in connection with solicitation or delivered to another intermediary in accordance with the purport of actually receiving money and valuables, the benefit of the part does not actually belong to the defendant, and thus, only the remaining money and valuables except the part should be confiscated or collected additionally (see Supreme Court Decision 93Do1569 delivered on December 28, 1993).