The judgment of the court below is reversed.

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

An application for compensation by an applicant for compensation shall be dismissed.

1. In light of the fact that most of the money acquired by the defendant from the damaged person is used to repay his/her debts, the defendant continues to endeavor to agree with the injured person, and the defendant is the primary offender, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, by abusing the fiduciary relationship with the victim who was a chain of interest, was attempted to obtain money from the victim, and thereby, attempted to do so from the victim, and the amount of such damage reaches KRW 173 million, and the quality of such crime is not good.

Until the trial, damage recovery measures have not been properly taken.

On the other hand, the defendant has no record of criminal punishment, and is able to lead a life in good faith without reoffending in the future by breaking his or her mistake with depth.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below is deemed unfair due to the reason that the sentence of the court below is unfair.

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.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, the gist of evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of criminal punishment (a comprehensive, fraudulent occupancy), Articles 352 and 350(1) (a) of the Criminal Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Special cases concerning the promotion of lawsuits, etc. to file an application for compensation order;