The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant does not pay the above fine.

1. The four-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below reached KRW 23,30,000,000, and most of the damages have not been recovered until the six years have passed since the crime was committed. However, the defendant's wrong recognition and reflective attitude, and the defendant used the method of actively deceiving the defendant by borrowing money from the victim.

In light of the circumstances such as the fact that there is no record of criminal punishment or criminal punishment exceeding the fine at the time of the instant crime and other circumstances such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, etc., the punishment sentenced in the lower court is too heavy, considering the following: (a) the equity between the instant crime and the crime of fraud, etc., which is the latter part of Article 37 of the Criminal Act; and (b) the fact that there is no record of criminal punishment exceeding the fine at the time

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;