The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.

2. The crime of this case, after considering the facts of the crime, is deemed to have been committed by deceiving the injured party as if the defendant would have been paid KRW 20 million within one month from a month when the profits of the business the profitability of which was unfortunate, and by deceiving the injured party as if he would have been paid KRW 10 million within one month from a month when the profits of the business the profitability of which was unfortunate, and the crime of this case was committed by deceiving the injured party with the above UN amount of KRW 60 million in China,

However, when considering the fact that the defendant made a confession of the crime of this case when he was in the first instance, the defendant made an agreement with the victim when he was in the first instance trial, most of the funds acquired by the defendant by paying it to C is relatively much much of the profits actually acquired by the defendant, the defendant is the primary offender, and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, etc., the punishment of the court below against the defendant is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

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 admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to “a summary of the evidence” column of the lower court’s judgment, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;