The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. In light of the fact that the amount of fraud by the crime of this case reaches KRW 30 million, and that the defendant committed the crime of this case again even though he had the record of punishment twice as to the same crime, there is a need to punish the defendant strictly.

However, in full view of the following factors: (a) the Defendant agreed with the victim by paying KRW 10 million to the victim at the time of the trial and additionally paying KRW 26 million until May 31, 2013; (b) the Defendant recognized the instant crime and reflects his mistake; (c) the Defendant did not have the same criminal power after 199; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);