The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are too uneasible and unreasonable.

2. In light of the fact that the amount of fraud fraud by the accused is a large amount of KRW 200 million, the above KRW 200 million was paid to the victim at a time when the judgment was rendered, and that the victim agreed to pay the above KRW 200 million in full to the victim and the victim was smoothly agreed, that the crime of this case was recognized at the time of the trial, that there was no record of punishment for the same kind of crime, that is detained for a certain period, and that it seems to have the time to reflect the defendant's age, character and behavior, environment, and status relationship, and other various sentencing conditions specified in

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed) and the defendant's appeal is again decided as follows

[C] The summary of the facts constituting an offense and the evidence admitted by the court in charge of the facts constituting an offense and the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except where the court below’s partial statement “1.1.1.1. Defendant’s oral statement” is deemed as “the Defendant’s oral statement” as “the Defendant’s oral statement at court.”

Application of Statutes

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

1. The sentence shall be determined as per the Disposition, taking into account the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act;