The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case in light of the following facts: (a) the Defendant was aware of the fact that the Defendant could transfer the ownership of an officetel even though he could transfer the ownership of the officetel; and (b) the defrauded acquired the proceeds of sale; (c) the nature of the crime is bad in light of the criminal history and the method of the crime; and (d) the amount of damage exceeds 30 million won; and (c) the Defendant did not take measures to recover damage by reaching an agreement with the victim or repaying money until the trial; and (d) there is a need to punish the Defendant with severe punishment;

However, in full view of the following factors: (a) the Defendant committed the instant crime in the trial before and after the commission of the instant crime; (b) there is no particular power except that sentenced to a fine twice prior to the instant crime; (c) the sentence of the same kind of case is required at the same time; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the instant crime, the lower court’s sentence against the Defendant is somewhat unreasonable.

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.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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