The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the instant crime and reflects the fact that the defendant agreed with all victims in the trial of the party, etc.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant, who is the supplier of a new building, received most of the construction cost from the contractor, deceiving the subcontractor of the sewage and the material supplier as if he had the intent or ability to pay the construction cost, and let the subcontractor execute the construction work, and defraud the large amount of money exceeding KRW 30 million by receiving the construction cost from the material supplier, and the crime is not good, and the defendant has been punished several times for the same crime.

However, in light of the following: (a) the Defendant recognized the instant crime; (b) the victim did not want to be punished against the Defendant by mutual consent with all the victims when the Defendant was in the first instance trial; and (c) the Defendant appears to have given a certain degree of opportunity to reflect by committing the instant crime through a prison life for more than two months; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, family relationship, family environment, circumstances after the commission of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed to be too unreasonable, and thus, the above assertion by the Defendant is reasonable.

3. The judgment 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, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. Criminal facts;