The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

1. On August 9, 2017, the lower court rendered a judgment of not guilty as to the fraud of August 9, 2017 among the facts charged in the instant case, and convicted the remainder.

In this regard, the defendant and the prosecutor appealed the guilty part, and the prosecutor did not appeal the acquittal part, so the defendant and the prosecutor did not appeal the acquittal part is separated and confirmed as they are.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of and judgment on the grounds for appeal

A. 1) Summary of the grounds for appeal 1) The sentence imposed by the Defendant (six months of imprisonment) by the lower court is too unreasonable. 2) The sentence imposed by the Defendant by the lower court is too uneasible.

B. In light of the fact that the Defendant committed the instant crime by taking advantage of the victim’s trust relationship with the victim in the course of performing his/her business as the victim, and that the victim was suffering from mental pain because the victim did not pay damages to the victim for a considerable period of time, and that the Defendant was punished for the same kind of crime, the Defendant’s liability for the crime is not somewhat weak.

The defendant has not received a letter from the victim or agreed with the victim.

However, the defendant led to the confession and reflect of the crime of this case in the trial, and the victim and the defendant et al. were to recover 65 million won through the debt collection procedure after the agreement was made on March 27, 2018 between the victim and the defendant et al. on March 27, 2018, which included 85 million won in the amount of damage of the crime of this case. The victim appears to have received 135 million won in total from the defendant et al. at the court below and the trial. Accordingly, it seems that considerable damage to the crime of this case was recovered.

Such circumstances and other circumstances are shown in the arguments in this case, including the Defendant’s age, character and conduct, the environment, the background and result of the instant crime, and the circumstances after the crime.