The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The crime of this case is determined by deceiving money several times as if the defendant could find employment by taking advantage of his personal relationship.

Such a crime is an urgent use of the victim's severe mind, and the quality of such a crime is not good.

In addition, since the amount of damage reaches the total of 50 million won, it is necessary to sentence the defendant to the punishment.

However, in full view of the fact that the defendant repents and reflects his mistake, there is no record of being punished for the same kind of crime or of being sentenced to a penalty exceeding the fine, and in particular, the victim paid 21.15 million won to the court below and repaid 20 million won to a certain extent, and the victim also expressed his intention that he does not want the punishment, the punishment imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court 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 ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);