The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. The crime of this case is determined by deceiving a victim who is entitled to receive KRW 300 million of principal on behalf of the defendant C and acquired money which is KRW 300 million, and is not in the nature of the crime, even though the amount of damage is not much, the whole damage is not recovered, and the representative director of the victim F made a complaint after having agreed with the defendant on the condition that the defendant take over the obligation of the defendant (No. 391 of the Investigation Records). There is no document that C has agreed to take over the obligation of the defendant, and even if the damage has not been recovered to C, etc. are disadvantageous to sentencing.

However, it appears that the defendant had been detained for a period of four months up to the trial of the court. The defendant had no previous criminal record, and the defendant was unable to receive money from another person, which led to the crime of this case, and the defendant did not seem to have made any particular profit to C as a result of the crime of this case. C collected part of the amount of damage by receiving interest of 54 million won (one million won per month, six months) from the victim. The defendant also tried to complete the damage of C, such as paying 3.5 million won from the court below. The victim also withdrawn the complaint against the defendant at the investigative agency, the defendant's wife died in September 2012. The defendant's wife who was detained by the defendant, her mother, who was a high school student, was married to another person, but was unable to receive money from the victim, but the defendant was also unable to receive money from the victim, and the defendant did not have any profit from the crime of this case.