The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. The fact that the amount of the judgment by fraud (59 million won) is not much, that the damage is not recovered, that the defendant has been punished twice by a fine due to the same kind of crime, and that he has been punished by a fine two times due to the same type of crime is disadvantageous to the defendant.

However, for the first time, the defendant led to confession of the crime of this case and reflects his mistake, the defendant has been leading to the mediation of several real estate transactions to the victim, and seems to have led to the crime of this case in the course of the settlement thereof, the profits gained by the victim due to the mediation of real estate transactions prior to the occurrence of this case seems to be considerable, and the fact that the defendant has been detained for more than four months and has an opportunity to reflect is favorable to the defendant.

In full view of the above circumstances and other circumstances that lead to the instant crime, the scope of sentencing guidelines for the enactment of the Supreme Court's sentencing committee in consideration of the basic area (one to one year and four months of imprisonment) (one year and four months of imprisonment), including the following circumstances, motive, circumstance after the instant crime, defendant's age, character and conduct, family relation, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and arguments, the scope of sentencing guidelines for the enactment of the Supreme Court's sentencing committee (the scope of recommending punishment is less than 10 million won) shall be determined to be unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The summary of the facts of the crime and evidence of this case against the defendant is as stated in the judgment of the court below, with the exception of changing the "1. Part of the defendant's court statement" to the "1. The defendant's court statement" as stated in the corresponding column of the court below's judgment, and therefore, Article 369 of the Criminal Procedure Act is applied.