웜심판결을 파기한다.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.

2. The instant crime was committed by the Defendant, while the Defendant developed the marine leisure business city to the victim, and acquired a large amount of money up to KRW 130 million by deceiving that the Defendant would give a contract for the extraction of pine trees in the land, and there is a history that the Defendant had been punished several times in a similar way, and there is a history that the Defendant had been punished several times.

However, in full view of various sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, relationship between the Defendant and the victim, motive, means and consequence of the crime, etc., when the Defendant led to the confession of the facts of the crime, and the victim wants the Defendant’s wife by mutual consent with the victim during the time of the trial, the lower court’s punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered 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 Articles of the Acts concerning the facts constituting the crime and Article 347 (1) of the multiple-choice Act.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

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