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 of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal is a case where the Defendant received KRW 30 million under the pretext of employment recommendation by deceiving the victim, and thus, it is not good to commit the relevant crime, and thus, the Defendant should be punished strictly.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, criminal record, circumstances leading up to the defendant's crime of this case, means and result, situation before and after the crime of this case, etc., the court below's punishment is too unreasonable, and thus, the defendant's assertion of unfair sentencing is unreasonable, since it is improper for the court below to have too much punishment, since it is unfair for the defendant to have the defendant's own discretion, and there is no record of punishment heavier than the defendant's punishment or fine.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);