The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (two years and six months of imprisonment) shall be too unreasonable;

2. The defendant has acquired 500 million won as the purchase price of the shooting range site, and there is an unfavorable sentencing factor, such as the fact that the amount obtained by deception is considerable, and the liability for the crime is grave.

However, it is recognized that there is more favorable sentencing factors such as the defendant's recognition of his own crime and reflects his depth, transfer of the victim's E's share to the victim, and the victim does not want the punishment of the defendant, and so far, there is no other history of punishment except for the punishment of a fine of KRW 700,000 due to the violation of the Road Traffic Act.

In full view of such factors as the sentencing factors and the defendant's age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, it is deemed that the sentence imposed by the first instance court is too unreasonable.

3. If so, the defendant's appeal is reasonable, and thus, the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for a crime and Article 347 (1) of the Criminal Act [Provided, That the upper limit of the punishment shall be 15 years pursuant to the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010)];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered extenuating circumstances in the preceding way);

1. The suspended sentence is a favorable condition to live in the first place of Article 62(1) of the Criminal Act.