The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (one hundred months of imprisonment) is too unreasonable.

2. Although there are unfavorable circumstances, such as the fact that the amount of deceitation of this case reaches KRW 100 million, considering the following as a whole: (a) the defendant wants to take the Defendant’s wife by agreement with the victim when it comes to the trial; (b) the defendant does not have the penal power over suspension of qualification or more punishment for the same kind of crime; (c) the defendant reflects his mistake through confinement life for one month; and and (d) other various sentencing conditions, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the court below 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are 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;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the reasons for the suspended sentence] of the Act on the Suspension of Execution [the reasons for the sentencing of sentence] fraud. 2 types of fraud. - The mitigated element: [the scope of the recommended sentence] imprisonment with prison labor] 10 months to 2 years and 6 months (the scope of the recommended sentence]. - The reason for the suspended sentence - the main reason for the suspended sentence - the positive reason for the suspended sentence - the reason for the improper general reference - the reason for the suspended sentence - the existence of the positive reason for the suspended sentence - the reason for the improper general reference of the suspended sentence - the person who has no criminal record of more than the suspended sentence (the decision of the sentenced sentence] - the sentence like the order shall be determined in full consideration of the factors