The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (eight months of imprisonment) is too unreasonable.

2. The defendant's liability for causing a large amount of fraud exceeding 129 million won principal and interest, even if the future interest is excluded from the discussion on the determination, shall not be such that the defendant's liability is less than that of the judgment.

However, it seems that the defendant has led to the confession of crimes and reflects on it.

In the trial, the injured party was not punished for the defendant.

The judgment below

Before the pronouncement, 32 million won was paid, and 40 million won was additionally paid in the first instance.

A criminal record has been sentenced to a fine not only six times, but also there is no criminal record of fraud.

The spouse and the branch are complaining for the wife.

In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.

3. As such, the grounds for appeal by the defendant are reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 186 (1) of the Criminal Procedure Act;