The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. Summary of grounds for appeal: Unfair sentencing; and

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

The crime of this case is a case in which the defendant, who operated D Co., Ltd. (hereinafter referred to as D), acquired financial benefits equivalent to KRW 600 million by deceiving D's current status, financial status, etc. in the process of receiving a payment guarantee against D's obligation from the Korea Technology Credit Guarantee Fund. It is a large amount of damage caused by the crime of this case to KRW 600 million, and the defendant did not have paid interest only once after raising funds by the payment guarantee as above, and it is difficult to recover the damage of the victim by selling the company and personal property within the period remaining in 4 months and filing an application for bankruptcy, etc., due to the circumstances unfavorable to the defendant.

On the other hand, the defendant shows his attitude of confessioning and reflecting the depth of the crime of this case, and the degree of the deception of this case does not focus on the degree of the deception of this case, and it does not appear that the defendant used the funds raised by the defendant for the repayment of the company's debt, etc., and the defendant deposited KRW 80 million for the victim at the court below, and the defendant's wife subrogated the victim for the payment of KRW 220 million, the victim agreed with the defendant and expressed his intention of not wanting to be punished, and the defendant expressed his intention that he did not want to be punished, with the exception of the punishment of KRW 70 million as a violation of the Road Traffic Act of 202, the fact that there is no history of criminal punishment shall be considered as favorable to

The age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, all of the sentencing conditions that are shown in the records, such as circumstances after the crime, and the Supreme Court applied to this case.