The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have committed a crime in light of the method, period, and amount of damage, etc. of the crime by which the Defendant, for a period of about three years, by deceiving the wife of approximately KRW 110 million by deceiving the food tools, and by forging and using the private document in the name of modern automobile in the course of defraudation, and thus, the crime of this case is very poor in light of the criminal law, the period, and the amount of damage.

However, there are favorable circumstances, such as the confession of the Defendant to commit the instant crime, the violation of his mistake, the absence of any other criminal record, the victims of the fraudulent crime, and the victims expressed their intent not to be punished.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below 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 on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (as a whole, by the victim), Article 231 of the Criminal Act (as a matter of fraud), Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (as a matter of course, by the use of the pertinent investigation document), and the choice of imprisonment, respectively;

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. Taking account of the history of reversal prior to the grounds for sentencing under Article 62(1) of the Criminal Act.