The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Although the crime of this case was committed in part of the circumstances unfavorable to the defendant, such as the fact that the defendant acquired a large amount of money exceeding KRW 80 million from the victim and inflicted bodily injury on the victim that he paid money over 100 times, the crime of this case is committed in bad condition. However, there is no past record of the defendant being sentenced to the previous punishment, and the defendant suffered damage of KRW 35 million from the victim at the time of the trial, and there are other favorable circumstances such as the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime of this case, the age of the defendant, character and conduct, environment, occupation and family relation, etc., and there are various other circumstances such as the motive and circumstance leading up to the crime of this case, the punishment imposed by the court below against the defendant is too excessive, and the above argument of the defendant is reasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for adding "1. Complaint, the statement of transactions of deposits in and out of the suspect's name, and the statement of transactions of deposits in and out of the suspect's name," to the summary of the evidence of the judgment of the court below, and thus, it is also cited in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor) concerning the crime;

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution;