The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment) is too unreasonable.

2. The crime of this case in light of the fact that the defendant acquired money against the Chinese public officials who worked together at the construction site, and the amount of the money acquired is up to 27.6 million won, the liability for the crime of this case is not less than that of the crime.

However, there are extenuating circumstances, such as the fact that the defendant has divided and reflected his mistake in depth, the victims and victims do not want to be punished against the defendant, and the fact that there is no record of criminal punishment, other than three times of fines, after the decision of the court below was made, and this is recognized that the sentence of the court below is too unfair because of the following factors: (a) the scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court sentencing committee; (b) the group of fraud crimes; (c) the type 1 (less than KRW 100 million); (d) the special sentencing factor (in the area of punishment), the scope of the recommended sentence (in the area of mitigation), the scope of sentence (one to one year), the scope of sentence in the area of recommendation (in the area of mitigation), the scope of sentence that can be suspended; and (c) all kinds of positive factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);