The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

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

2. The lower court rendered the above sentence by taking account of the circumstances favorable to the Defendant, such as: (a) deceiving the victim by deceiving the victim to know well the law; (b) applying for specification of the victim’s property based on the payment order received under the agreement with the victim, or applying for registration on the register of criminals, etc.; (c) bullying the victim continuously bullying by abusing the legal system; (d) the victim complaining of a large number of suffering; (b) taking into account the inevitable circumstances of the Defendant’s severe punishment; and (c) having no criminal history for the last ten years, the Defendant sentenced the above punishment by taking into account the circumstances favorable to the Defendant.

However, in full view of the favorable circumstances, such as the Defendant’s withdrawal of the entire case regarding the Defendant’s application for specification of the victim’s property after the sentence of the lower judgment, repayment of KRW 83 million to the victim and agreement with the victim, the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, and all other sentencing conditions, such as the Defendant’s age, sex, environment, means and consequence, the scale of the crime, and the circumstances after the crime, the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

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 on the stay of execution ( normal consideration in favor of the determination of the above sentencing);

1. Article 62-2(1) and (2) of the Criminal Act regarding an order to observe the protection and an order to provide community service;