The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal by the defendant is that the court below's punishment (two years of imprisonment) is too unreasonable. The gist of the prosecutor's appeal is that the prosecutor's appeal is improper because the above punishment of the court below is too uneasible.

2. The criminal defendant's liability is heavy in light of the fact that the amount of fraud by the crime of this case is considerably large in judging the grounds for appeal of this case.

However, in full view of the facts that the defendant's mistake is recognized by the defendant, that the defendant paid KRW 120 million to the victim and agreed with the victim, that the defendant has no record of punishment in excess of the same criminal history or fine, that the defendant's family members and branch members want the defendant's preference against the defendant, and that the defendant's age, character and conduct, motive and attitude of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(A) Although the appeal by the prosecutor is without merit, the appeal by the defendant is accepted and reversed, it shall not be dismissed separately from the disposition of the court below). The criminal facts and summary of evidence acknowledged by the court below and summary of the facts of the crime and evidence are stated in the judgment of the court below. Except for the case where the "detailed statement of each deposit transaction" in subparagraphs 3 through 4 of Article 3 of the judgment of the court below is deemed to be "the details of the F Payment, the statement of account by account, and the investigation report", it is identical to each corresponding column of the judgment of the court below, and thus, it shall be accepted as it is in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;