1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

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

2. Although the amount of money and valuables acquired by the Defendant from the victim is reasonable, the Defendant did not reach an agreement with the victim by scambling it with gambling funds and living expenses, etc. However, the Defendant, as a primary offender, deposited KRW 16 million as an interest on the money and valuables acquired by the victim, and deposited KRW 10,000 for the victim in the trial. In full view of the fact that the Defendant recognized the instant crime, and is in profoundly against the Defendant’s age, character and conduct, environment, family relationship, and other various circumstances that form the conditions for the sentencing of the instant case, such as the Defendant’s age, character and behavior, family relationship, etc., it is deemed that the sentence imposed by the lower court 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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);