The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant did not pay the amount of goods to the victim on seven occasions, and the amount of damage was approximately KRW 280 million, which is excessive.

On the other hand, the defendant shows the attitude of reflecting the mistake.

It seems that the crime is committed in the course of closing the business that has been operated without business being well during the continuous commodity transactions with the victim.

On September 2016, the victim repaid 64 million won out of the outstanding amount to the victim, and the victim did not want the punishment against the defendant by mutual consent with the victim.

There is no criminal offense against the defendant.

In addition, considering the various sentencing factors shown in the arguments, such as the defendant's age, living environment, motive and background of the crime, circumstances after the crime, relationship with the victim, and the sentencing guidelines of the following Supreme Court, the sentence of the court below is too inappropriate.

The defendant's assertion of unfair sentencing is justified.

In the case where a person intentionally commits a deceptive act in the form 2 (10 million won or more, or less than 500 million won) [the reduction elements of a special person who has a punishment] in the case where a person intentionally commits a deceptive act in the degree of a deceptive act, or where the degree of a deceptive act is weak, the amount of the punishment not to be imposed [the scope of the punishment to be recommended] in the special mitigation area: May: - February - 2 year (1/2 year below) in the case where a person intentionally commits a deceptive act in the absence of the standards for the suspension of the execution [the main reason for the reduction of the punishment] in the case where the degree of the deceptive act is weak, or where the degree of the deceptive act is weak, the amount of punishment not to be imposed

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is so decided as per Disposition after pleading.

【Reasons for the Judgment in 2007Da1334, May 1, 201). The judgment of the court below in addition to the fact that "A victim C" in the first part of the judgment of the court below is a "victim G."