The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) is that the defendant commits an offense against the wrong fact while recognizing the fact of the offense, the victim expressed his/her intention that he/she would not want the punishment for the defendant by receiving compensation for damage from the defendant, there is no record of punishment exceeding the fine except for the defendant who was sentenced to a suspended sentence for fraud ten years prior to the suspension of execution, and the defendant's support for his/her wife and two children and his/her family members are placed in excessive difficulty. In light of the above, the sentence of the court below that sentenced six months to imprisonment is too unreasonable.

2. In the judgment of the court below, the defendant recognized the facts of the crime and is against the wrong facts. The victim was paid 37,443,930 won through the distribution in the voluntary auction procedure and the deposit of the defendant, and expressed his intention that he does not want the defendant's punishment after being paid the 30,000,000 won in addition to the defendant's money in the court below. The defendant had a record of being sentenced to the 2-year suspended sentence on June 22, 2004 due to fraud, but there was no history of punishment or punishment exceeding the fine other than the defendant's age, sexual behavior, environment, motive and circumstance of the crime, degree of damage, circumstances after the crime, etc., the above assertion is justified since the court below's punishment is unreasonable because it is without merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.