The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant had three times criminal records of the same fraud, and in particular, the Defendant was sentenced to three years of imprisonment due to the crime of fraud under similar law, and was committed again on August 14, 2013, even if the execution of the sentence was completed and was in the period of repeated crime, the Defendant committed the instant crime.

The defendant committed the crime of this case by taking advantage of his religious person, such as the victim, and the nature of the crime is also good.

The amount of damage caused by the instant crime is a large amount, and the victim complained of the severe punishment against the defendant again in the trial.

In full view of these circumstances, the lower court’s judgment that sentenced the Defendant to the punishment is not unreasonable.

However, in full view of the following facts: (a) the Defendant has been found to have committed the instant crime more than once in the trial; (b) the Defendant repaid KRW 3 million, the amount of the instant loan in the original trial; (c) the Defendant deposited KRW 5 million in the first trial; and (d) the damaged person returned the land and buildings which are the object of the sales and purchase contract through civil litigation, the Defendant’s above assertion by the Defendant is recognized to have been somewhat unreasonable, and thus, (d) one year and six months of imprisonment sentenced by the lower court is recognized to have been somewhat 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 reasonable, and the following decision is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes is based on the reasons for the appeal.