The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(2) The Defendant committed the instant fraud against the victim who was in a fiduciary relationship, and the amount of money acquired by the Defendant is high.

However, in light of the circumstances of the crime of this case, each of the crimes of this case is deemed to have been committed by willful negligence rather than by final judgment.

The Defendant paid approximately KRW 42920,000 to the Defendant, and agreed with the victim during the trial.

The defendant has no criminal record of the same kind, and only has a fine for this kind of crime.

The defendant is not healthy and has a family to support him/her.

There is also a situation in which the defendant seriously reflects his fault.

In light of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., all the sentencing conditions shown in the arguments in the instant case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the range of recommending punishment between January and year) / [the scope of recommending punishment] the mitigated area (one month to one year), the mitigated area (one year of imprisonment] (special mitigation) of the mitigated area (one month to one year), etc., it is deemed that the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;