The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The amount of the judgment obtained by deception is not smaller than KRW 25 million, and the defendant has a total of three different criminal records, including one suspended sentence, which are disadvantageous to the defendant.

However, considering various circumstances, such as the defendant's confession and mistake in the crime of this case, the victim and the victim do not want the punishment of the defendant, the defendant's motive and circumstance after the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual conduct, environment, health, etc., the punishment imposed by the court below is somewhat unreasonable.

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

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s oral testimony at the trial court of the first instance” to the summary of the evidence of the lower judgment, the same is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1137, Mar. 1, 201)

1. Article 62-2 (1) of the Criminal Act on the community service order;