The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The method or process of committing the crime is not good in the case of acquiring money by deceit on the basis of friendship with the senior citizens of society, including the chief of society and the former Minister of National Defense.

The amount of damage also is KRW 140 million.

On the other hand, the court below denied the facts charged, but it shows the attitude of recognizing all the facts charged and opposing.

In the trial of the party, 50 million won shall be paid to the victim, and the victim does not want to punish the defendant.

The victim also submitted a written application for the correction of the defendant's wife.

Since 1993, there are more favorable circumstances that the defendant has no criminal power.

In addition, in full view of the various sentencing factors in the arguments, such as the defendant's age, living environment, motive and background of the crime, circumstances after the crime, relationship with the victim, criminal records, and the following sentencing guidelines, the sentence of the court below seems to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

O Sentencing Criteria for Fraudulent Crime Sentencing [Determination of Punishment] In general fraud Sentencing 2 types (10 million won or more, and less than 500 million won), [Requirements for Reduction of Punishment] : Reduction Area of Punishment: June 20 - Criteria for Suspension of Execution of O on June 20 - [The Reasons for Self-Support] / Non-Support of Punishment [The Reasons for Illegal General Witnesses] or for Non-Suspension of Execution at least twice or more

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

[Discied Reasons for the Judgment] The three-dimensional summary of the judgment of the court below is that "the defendant's partial statement of the defendant in the second trial record" is applied to "the defendant's trial statement in the court room".