The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that from the date of this judgment.

1. The main sentence of the grounds for appeal is unreasonable.

2. The judgment that the amount obtained by the victim is not a certain amount of KRW 30 million is disadvantageous to the defendant, but the defendant shows the attitude that the investigative agency recognizes and reflects the crime. The appellate court has agreed with the victim smoothly, and there is no history of punishment for the same kind of crime.

In addition, if the defendant's age, character and conduct, family relations, motive and means of the crime, circumstances before and after the crime of this case, and various grounds for sentencing as shown in the records and arguments of this case, the sentence of the court below is unreasonable.

Defendant’s assertion is reasonable.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below is reversed, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. General Fraud [Type 1] below KRW 100 million [Special Convicts] - Reduction element: Reduction element of punishment [the scope of the recommended area and the recommended punishment], reduction range of punishment], reduction range of imprisonment with labor for one month to one year [the general person of imprisonment] [the grounds for suspension of execution]] - Major pride grounds: Non-members of punishment - General pride grounds: Jinant - General pride grounds: criminal records of suspension of execution at least twice;