The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, using personal trust relationship with the victim, acquired money of approximately KRW 50 million, including the money that the Defendant received from the victim in a financial sphere over several times, and the victim is instructed not only to damage caused by the instant crime but also to demand the repayment of the above loan, and the crime is not weak, and it is unfavorable that the Defendant consumed the money obtained from the victim by both Internet gambling funds or living expenses.

However, in addition to the punishment imposed by a minor fine in the past, the defendant has no other history of punishment, and all of the crimes in this case are recognized and the defendant has taken a attitude to reflect in depth during the prison life for about seven months. In particular, in light of the fact that the defendant has suffered damage to the victim and has reached an agreement with the victim, and the victim has appealed against the defendant in the trial, and other conditions of sentencing as shown in the records in this case, such as the defendant's age, character, conduct and environment, it is reasonable to view that the sentence of the court below, which sentenced the defendant, is too heavy.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court 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 (generally, choice of imprisonment);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (As seen in the preceding sentence, the term “contributed circumstances” etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act, probation, etc.;