The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (e.g., a two-year imprisonment with prison labor imposed by the court below on the defendant is too unreasonable.

2. The rationale for appeal is that the defendant has already been punished several times for the same kind of crime, the victim I did not recover the damage, except for the repayment of KRW 3 million to the victim I, and the victims want to impose severe punishment against the defendant.

However, the defendant evaluated the value of the F cafeteria as KRW 51,5830,00 at the time of exchanging the right to sell an officetel with the F cafeteria of the victim G. However, since the 300 million won among them is the cost of interior works, the actual value of the F cafeteria is likely to not reach the above amount. According to the above exchange contract, the actual value of the F cafeteria appears to be likely to not reach the above amount, the person who actually operated the F cafeteria is H, and the defendant seems to have little profit from this exchange contract, the defendant is deemed to have led to the fact that the crime was committed during the trial, and there is no history of punishment by imprisonment without prison labor or any heavier punishment, and there is no past age of 75 years, and the defendant's character, intelligence and environment, motive, means and result of the crime, etc., and considering the conditions of sentencing prescribed in Article 51 of the Criminal Act, 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 on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;