The judgment below

The remainder, excluding the portion applied for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The sentenced sentence of the court below (six months of imprisonment) is too unreasonable.

2. However, in the case of this case, the circumstances unfavorable to the defendant are recognized, such as the fact that the defendant deceivings the victim who was in a relationship with the victim and acquired the money by fraud, the nature of the crime is not good, the crime of this case was committed for a relatively long time, the degree of damage is not less than that of the victim, the damage is not completely recovered, and the damage is not completely recovered, and the agreement with the victim is not reached.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant had denied the deceptive act in the past and recognized all the criminal facts by changing the previous attitude of the defendant in the past, and thus, the defendant had no criminal records for the same kind of crime, the defendant has already repaid KRW 4.2 million to the defendant, and the additional amount of KRW 10,200,000 for the victim was deposited for the victim in the trial, and the defendant has been in depth divided through a prison life for more than two months, and other various circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, intelligence and environment, circumstances leading to this case, circumstances after the crime, and the sentencing conditions specified in the argument of this case, it is recognized that the punishment imposed by the court below against the defendant is inappropriate.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (with regard to frauds) and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;