The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The fact that there have been several records of punishment for fraud as a judgment is disadvantageous to the defendant.

However, the fact that all of the crimes of this case are recognized and contradictory to the defendant, and that the defendant paid the victim D KRW 20 million to the defendant for the first time, and that the above victim agreed with the victim smoothly, and that the above victim was the defendant's wife, etc. are favorable to the defendant.

In full view of these circumstances, character and behavior, intelligence and environment of the defendant, motive, means and consequence of the crime, and the conditions of the sentencing as shown in the records and pleadings, the sentence imposed by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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 crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the defendant in front);