The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant, even though the Defendant was supplied with radars from the injured party, did not intend to normally pay the price of supplied goods, but if the Defendant did not receive radars from the injured party, it was anticipated that the Defendant violated the contract with the defense business authority when he was unable to receive the radars and caused enormous damage, and it was acquired by deceiving the injured party by deceiving the injured party, such as preparing a letter of performance as if he would pay the price of supplied goods to the injured party in a normal manner, and by deceiving the injured party with seven radars equivalent to KRW 1.60 million from the injured party in light of the law and scale

However, in light of the following factors: (a) the Defendant recognized the instant crime when it comes to the trial; (b) the victim did not want the punishment of the Defendant by agreement with the victim when it comes to the trial; (c) the Defendant did not have any criminal record exceeding the same criminal history or fine; (d) the Defendant suffered damages by deceiving the Defendant from the J to obtain the investment amount of KRW 900 million; and (e) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, family relationship, and the circumstances after the crime, etc., the sentence of the lower court is too too unreasonable.

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, and the judgment below is reversed and it is again decided as follows

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 2016); Article 347(1) of the Criminal Act concerning the crime

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;