The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant repeatedly acquired money by deceiving the victim to receive the right to remove the building of the reconstruction project and used it for the Defendant’s personal living expenses. The Defendant actively committed the act of deception.

There was no significant amount of damage, and even six to eight years after the crime, the damage has not been recovered completely.

The victim is trying to punish the defendant.

Defendant has already been punished several times as a crime of fraud.

On the other hand, the defendant shows his attitude to reflect his wrongness in depth.

The victim repaid the amount of KRW 8.5 million out of the amount of damage before filing a complaint, and the victim paid additional KRW 15 million to the victim in the first instance.

There is no record of punishment for the defendant after May 2011.

In addition, even if considering the various sentencing factors in the arguments, such as the defendant's age, living environment, motive and background of the crime, relationship with the victim, the amount of un recovered damage, circumstances after the crime, and the criminal records, and the sentencing guidelines of the Supreme Court presented by the court below, the sentence of the court below is somewhat inappropriate.

The defendant's assertion of unfair sentencing is justified.

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

[Discied Reasons for Judgment] The summary of facts constituting a crime and evidence is the same as the description of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent offenders, the sentence as ordered shall be determined in light of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act’s reasoning for sentencing.