The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is acknowledged that the victims lose opportunities for repayment through the auction procedure by deceiving the victims to pay their debts (total amount of KRW 520,000,000) by means of sale of real estate, and by requiring the victims to withdraw an application for a compulsory auction on the said real estate. It cannot be deemed that the victims have suffered from difficulties because they had not been paid their debts from the Defendant for a long time.

However, the court below's punishment is too unreasonable in light of the following circumstances: (a) the defendant has an opportunity to reflect on his/her obligation through confinement life for two months after the crime was committed; (b) there was no previous criminal records of the same kind before the crime was committed; and (c) there was no history of having been sentenced to imprisonment; (d) even if the auction procedure was conducted as it is, it is difficult to readily conclude that the dividend period and the amount of dividends is extremely large; (b) the victims were paid an amount equal to 200 million won after the crime of the instant case; and (c) the victims were paid an amount equal to the total amount of 200 million won after the crime of the instant case; and (d) the situation where the defendant made efforts for the repayment of obligation, such as the creation of security

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The applicable law and the choice of punishment for the crime shall be the criminal law;