The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the Defendant, although not qualified as a licensed real estate agent, was already punished several times by deceiving real estate transaction by borrowing real estate transactions in the real estate transaction business, the Defendant again committed the instant crime even during the repeated crime period after having been sentenced to imprisonment by the same kind of law as above, and was committed during the repeated crime; the amount of damage was large at KRW 115 million; and the Defendant was eight times or more for the same type of fraud, the sentence against the Defendant is inevitable.

However, in full view of various circumstances, including the fact that the defendant fully pays the above amount of damage and agreed with the victim, and that the defendant recognizes and reflects his criminal act, the defendant's age, character and conduct, the environment, the circumstances of the crime, the means and method of the crime, etc., and the sentencing conditions specified in the records, it is deemed that the sentence imposed by the court below is somewhat excessive.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;