The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The sentence of the court below (10 months of imprisonment) is too unreasonable.

Judgment

The crime of this case is deemed to have been deceiving a victim by taking advantage of the status of a member of the National Assembly in Yan City, and is of significant nature in light of the law of the crime and the number of damage amount, etc., but the defendant confessions and reflects the crime of this case, and the court below agreed to the defendant smoothly with the victim, and the victim wishes to take the measures against the defendant in the trial. The defendant paid the victim the amount of KRW 50 million at the court below, and paid the victim additional KRW 130 million at the court below, and he paid the victim additional KRW 100 million at the court below, and most of the damage amount was repaid. The crime of this case does not have the same criminal power, and the crime of this case is related to the crime of this case with the crime of which judgment became final and the latter concurrent crime of Article 37 of the Criminal Act, as stated in the first head of the crime of this case at the court below, and considering all the sentencing conditions such as the defendant's age, character and behavior, environment, etc. after the crime of this case is justified.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited 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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;