The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment) is too unreasonable.

However, since the amount of damage caused by the instant crime exceeds KRW 88,50,000,00, the Defendant’s liability for the crime is not minor.

However, in light of the fact that the defendant paid KRW 40 million to the victim during the trial, the remaining amount was agreed to be paid in installments, and that the victim expressed his/her intention not to be punished, reflects his/her intention, and has the time of self-esteem through the nearest confinement life for three months, equity in the case where the crime of this case and the crime of fraud, which became final and conclusive on June 22, 2011, are concurrently ruled at the same time, and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;