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 grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Prior to the instant case, the Defendant has been subject to criminal punishment for the same crime several times.

The amount of the fraud of this case is KRW 110 million.

On the other hand, the following conditions are favorable.

It seems that the defendant had been detained for about four months due to the instant case and had an opportunity to reflect on the crime.

In order to reach an agreement with the victim at the time of the trial, the victim wanted to have his wife against the defendant.

The equity in cases where a judgment was rendered together with each fraud in the judgment of the court below which became final and conclusive shall be considered.

In addition, comprehensively taking account of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is difficult to accept.

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.

(3) In light of the above legal principles, the lower court’s judgment is justifiable and acceptable. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal by the assent of all participating Justices on the bench.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;