The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

1. The gist of the grounds for appeal is that of the lower court’s punishment (two years and six months of imprisonment) excessively unreasonable.

2. Although the amount of deception obtained through the instant crime reaches KRW 370,000,000 and the nature of the crime is very important, the sentence of the lower court is somewhat unreasonable in light of the following: (a) the Defendant reflects the instant crime; (b) the Defendant wishes to take the Defendant’s wife by agreement with the victim in the first instance; (c) there is no specific penalty power other than the criminal record of the instant crime; and (d) other various sentencing conditions indicated in the records and arguments, including the Defendant’s age, character and conduct, environment, motive of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below's rejection of application for compensation is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows 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 columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the choice of imprisonment, inclusive, with prison labor);

1. Article 62 (1) of the Criminal Act;