The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. Determination

A. It is recognized that the amount of the instant fraud is a total of KRW 16 million and the damage has not been fully recovered until the judgment of the party, etc.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects against the instant crime in the trial; (b) the victim was not punished by the Defendant in agreement with the victim at the lower court; (c) the principal of the damage was partially recovered up to the trial; (d) the Defendant is paying the victim the amount of damage in full by KRW 150,000 per month; (c) the Defendant was the first offender who has no record of criminal punishment; and (d) the Defendant was the first offender who has no record of criminal punishment; and (e) other circumstances, including the Defendant’s age, background, and circumstances after the crime, the sentence imposed by the lower court

(c)

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse. (100,000 won per day)

1. Article 59 (1) of the Criminal Act ( considered as circumstances favorable to the defendant earlier) of the suspended sentence;