The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In view of the fact that the crime of this case was committed by deceiving the victim to pay 1050,000 won as interest per month and by deceiving the victim to pay within 2 months, and that the crime of this case was committed by deceiving the victim, it is necessary to strictly punish the defendant.

However, there are extenuating circumstances for the defendant to be considered favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant reflects the mistake, the defendant deposited the total amount of KRW 42,00,000 by deceit when the defendant was in the trial for damage recovery, the defendant has no record of criminal punishment for the same kind of crime, and the crime of this case must be considered at the same time in relation to the crime of violating the Housing Act for which the judgment became final and conclusive and the latter concurrent crimes of Article 37 of the Criminal Act, and the fact that equality should be considered in the case where the judgment was rendered concurrently. In light of all such circumstances and other sentencing conditions as the defendant's age, character and behavior, and family environment

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, 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 criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);