The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The conclusion is that the Defendant, in collusion with his accomplice, acquired a large amount of money exceeding KRW 400 million from the victim by gambling, committed the instant crime during the period during which the crime of habitual gambling was suspended, escaped after the commission of the crime, and did not reach an agreement with the victim until the trial of the party.

However, in full view of the following facts: (a) the Defendant has no criminal history related to fraud; (b) the Defendant deposited KRW 15 million for the victim in the trial; (c) the degree of involvement in the instant fraud; (d) the ratio of profit distribution; and (e) the Defendant’s actual profits from the instant crime; and (e) balance with the sentence the accomplice received due to the instant crime; and (e) the Defendant’s age, sex, sex, environment, motive, means and consequence of the commission of the crime; and (e) various sentencing conditions shown in the pleadings, such as the circumstances after the commission of the crime

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 summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act regarding criminal facts, and Article 347 of the Criminal Act regarding the grounds for appeal prior to the grounds for sentencing of sentence of imprisonment, the sentence to be imposed as ordered shall be determined in consideration of the various circumstances as seen above.