The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case as to the reasons for appeal is that the defendant deceivings the amount of the investment deposit, the proceeds, etc., and 30 million won from the damaged person as the contract deposit for investment, and if the damaged person requests the return of the investment deposit and fails to pay it, the crime of this case shall be accused

The fact that the supply contract is modified to correct the defect, and the crime is inferior to the use of the above contract by the victim, and the defendant has a record of being sentenced to a suspended sentence of imprisonment once due to fraud, etc. are disadvantageous to the defendant.

However, when the defendant was in the first instance trial, all of the crimes of this case were recognized, the victim fully repaid the amount of KRW 30 million to the victim, and accordingly, the victim did not want the punishment of the defendant, the defendant has the time to reflect through the life of confinement for a month after being detained in the court below, and the defendant's history of punishment for fraud was before 2010, etc. are favorable to the defendant.

In addition, when examining the defendant's age, sexual conduct, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., all the sentencing conditions and sentencing guidelines as shown in the arguments and records, such as the defendant's age, sexual conduct, intelligence, environment, crime committed, etc., are acknowledged to be unfair because the defendant's punishment imposed by the court is too large, and the defendant's appeal grounds are justified.

3. Conclusion.