The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is to connect the pipe and pipe in spite that the defendant was thought to be used as the price for supply of goods to the existing business partners when the victim lent money.

After expanding the business by paying the company's deposit and expanding the business, deceiving the victim as if he would transfer the part of the hosting wholesale business to the victim, thereby deceiving the victim more than 80 million won in total on two occasions, and in light of the method of planned crime and the amount of damage, etc., the fact that the crime is not good, etc. is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant acknowledged his own crime and committed a crime for a period of three months, there is no record of punishment exceeding the same kind of crime and fine, the fact that the defendant paid 10 million won out of the amount of damage to the court below to the victim, the defendant paid her repayment to the victim by agreement with the victim, and the victim does not want the punishment against the defendant, etc., the court below's age, sexual behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, such as the circumstances before and after the crime, it is deemed unfair because the court below's punishment is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable, 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 again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;