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. Summary of the grounds for appeal - The sentence of imprisonment (one year of imprisonment) by the lower court is too heavy.

2. The crime of this case is a case in which the victim was accused of money that is close to KRW 100 million by deceiving the victim even though the victim could not be supplied with a high wave equivalent to the already received two-waves due to the small situation of the two-wave cultivated by the defendant.

In light of the amount of damage, the period of not paying the amount of fraud, etc., the quality of the crime is not easy.

However, the defendant recognized all of the crimes in the trial, and is detained for more than three months, and the mistake is divided and reflected.

In the first instance, the defendant agreed to recover from damage to the victim and expressed his/her intention that the victim does not want the punishment.

The defendant has no history of criminal punishment exceeding a fine.

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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the fraud crime;