The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the circumstances where the deception in this case appears to have been planned, the amount of damage suffered by the victim is reasonable, and there seems to have been additional damage, such as other human test expenses, mediation was concluded that the defendant deposited KRW 125 million for the victim in the court below, and the remaining amount of money obtained by deceit was to be paid to the victim in the trial of the party, and the victim cancelled the complaint against the defendant and wanted to not punish the defendant, and there is no record of the same kind of crime, respectively.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background and result of the instant crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the grounds for appeal on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation shall be made in the same manner as the disposition, in consideration of the circumstances as seen above.