The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court’s sentencing (e.g., a fine of 4 million won) is unreasonable.

2. In light of the fact that the Defendant, although there is no capacity or intent to repay, defrauds the victim by deceiving the victim in spite of the absence of capacity or intent, it is necessary to impose strict liability corresponding to such liability on the Defendant in consideration of the fact that the amount of damage is a large amount of money up to KRW 10,00,000, by deceiving the victim for the purpose of using it for sports earth and gambling, by deceiving the victim for the purpose of using it, and that the money acquired by deception is not good.

However, in light of the fact that the defendant is led to the confession of the crime, there is no previous charge, and there is no record of criminal punishment except that a fine of 300,000 won has been sentenced due to the violation of the Establishment of Homeland Reserve Forces Act in around 1997, considering the circumstances favorable to the defendant that the victim did not want the punishment against the defendant by mutual consent with the victim during the trial. In addition, considering the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;