The judgment of the court below (excluding the part of the compensation order) shall be reversed.

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

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. The crime of this case is determined by acquiring a total of 45 million won by paying a high rate dividend to the victim that the defendant came to know while performing his duties as an insurance solicitor, and by deceiving the victim to guarantee the principal, and the criminal liability is not less than that of the crime in light of the type of the crime and the amount of defraudation.

However, there are extenuating circumstances such as the fact that the defendant repents his mistake and reflects his depth, that the victim does not want the punishment against the defendant, that is the first offender who has no record of criminal punishment, that is the most supporting the three children, and that the scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Committee established by the Sentencing Committee, is one year from the month of imprisonment to the 1-year crime group, the general fraud type 1 (less than KRW 100 million), the special scams (in cases where the punishment is not imposed or has been partially recovered), the decision on the recommended area, the scope of the recommended sentence (Article 1-1), the scope of the recommended sentence (Article 1-1), and the major pride factors that can be suspended from sentence are considered: The sentence is too unfair, taking into account all the circumstances such as the fact that the defendant's age, character and behavior, motive, crime, etc. is not punishable or considerable part of the punishment is recovered.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 of the Criminal Act: