The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 with prison labor for ten months) of the lower court is too unreasonable.

2. Determination

A. The fact that the Defendant committed the instant crime by using a special relationship with the victim, and that the amount of defraudation is 25 million won, which is disadvantageous to the Defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the Defendant to commit the instant crime for the first time in the trial; (b) deposited a total of KRW 60 million for the victim (the amount of conciliation in the relevant civil case including the money acquired in this case); (c) the Defendant’s wife is regularly administered as a patient with a new post-marction certificate; and (d) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the lower court is unreasonable.

C. Therefore, the defendant's assertion is justified.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the defendant among the grounds for reversal);