The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The punishment of the court below is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor examined ex officio prior to the judgment on the grounds of appeal by the defendant, and at the trial court, the prosecutor applied for the amendment to the indictment which changes the facts charged in this case into the same contents as the facts charged in the following facts. Since this court permitted this, the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

C, while constructing multi-household housing on the Do, E, and F of Gwangju Northern-gu, the construction cost was provided as security for the 102 multi-household households and 200 million won to the victim G around August 3, 2010 by introducing mother and child and the defendant, and the 103 Dong households were provided as security and leased KRW 150 million.

Accordingly, the victim entrusted the defendant with each loan and delegated the defendant to pay the loan in installments according to the progress ratio after examining the progress of the construction work in the above C.

1. On August 6, 2010, the Defendant received documents necessary for provisional registration of the above 102 multi-household housing from the “I attorney office” located in the Dong-gu, Gwangju, Gwangju, with C, and then received one cashier’s checks of KRW 100 million at face value from the victim on August 6, 2010, and (2) on August 11, 2010, the Defendant received ten cashier’s checks of KRW 10 million at face value from the victim and kept them for the victim.

In addition, on September 8, 2010, the Defendant received from the above office C documents necessary for provisional registration of the above 103 multi-household house. ③ On September 8, 2010, the Defendant received 100 million won cashier’s checks ( check number M-N) from the victim. ④