The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentenced sentence of the court below (one year of imprisonment) is too unreasonable.

2. It is also true that the amount of damage caused by the fraud in this case is large, and it has not been fully repaid until now, and there is no agreement with the victim, and there is a disadvantage to the defendant.

However, it is necessary to consider the following circumstances: (a) the Defendant was living in the trial after changing the attitude of denying the facts of the crime of this case; (b) the Defendant was led to the confession of the crime of this case; (c) the Defendant deposited KRW 20 million for the victim in the first instance; (d) the Defendant deposited KRW 50 million in the trial; and (e) the Defendant repaid approximately KRW 21.9 million in a normal manner prior to the occurrence of the instant case; (e) the Defendant was forced to execute the two costs during which the Defendant offered as security; and (e) paid KRW 86,290,423 to the victim as a compulsory execution; (e) the victim has no criminal power for the same kind of crime; and (e) the Defendant was living in custody for about three months.

In addition, considering the defendant's age, character and conduct, intelligence and environment, circumstances leading to this case, circumstances after the crime, and various circumstances that are conditions for sentencing as shown in the argument of this case, it is recognized that the sentence imposed by the court below against the defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, since it is the same as that of the corresponding column of the court below, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.