The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal - The lower court’s imprisonment (six months of imprisonment) is too heavy.

2. The instant crime was committed by the Defendant by deceiving the victim, thereby deceiving the victim of KRW 13 million.

Nevertheless, the defendant denied the crime in the trial process of the court below and did not harm damage recovery, and had the victim attend as a witness, thereby causing physical and mental damage to the victim.

These points are disadvantageous to the defendant.

However, the Defendant is against the duty to recognize all of the crimes of this case in the trial.

The victim expressed his/her intention that he/she does not want to be punished for the defendant after receiving full repayment of the amount of damage from the defendant.

The defendant has no record of criminal punishment exceeding a fine for the same crime.

These points are favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. 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 sentence shall be determined as per the order, taking into account all the circumstances surrounding the reasons for sentencing prior to the reasons for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the reversal of the above judgment).