The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances to be considered in the sentencing of the instant case are as follows: (a) the Defendant used active deception methods, such as notifying the victim of false facts regarding the ability to repay performance, etc.; and (b) the amount of damage to the instant crime exceeds approximately KRW 58 million, etc.

However, the remaining crime of this case was committed in the demand for repayment of the personal obligation not notified to the husband by the defendant, and the defendant deposited 20 million won for the victim by the court of the first instance (in the compulsory auction procedure for the apartment house on the criminal facts stated in the judgment below by the defendant's husband, there is a dividend list in which the victim distributes the amount equivalent to 42 million won to the victim in the compulsory auction procedure for the apartment house on the criminal facts stated in the judgment below by the defendant's husband, but the title of execution is the payment order against the defendant's husband. At present, the defendant's husband is the payment order against the defendant's husband, and the defendant's husband is dissatisfied with the decision of suspension of compulsory execution, etc.

It is difficult to readily conclude) The Defendant’s attitude to recognize and reflect the error in the trial, and the fact that there is no criminal history should be taken into account in the circumstances favorable to the Defendant.

When considering the above circumstances and other circumstances such as the defendant's age, sex, family relationship, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by this court is recorded in the corresponding part of the judgment of the court below except for adding “1. Defendant’s legal statement” to the main part of the evidence of the court below.