The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for five years from the date of the final judgment.

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is deemed to have been acquired and acquired by the Defendant amounting to approximately KRW 1.34 billion for more than six years from the victim due to the real estate investment name, etc., and the crime of this case is not easy in terms of the fact that the period of fraud is long and the amount of defraudation is also large, and the criminal act of this case was denied from the investigative agency to the court of the court of the court below, and most of the damage has not been recovered even until now, etc. shall be considered as the circumstances unfavorable to the Defendant.

However, it seems that the defendant had contributed to expanding the damage of this case by recognizing all of the crimes of this case when the defendant was in the trial, and that the defendant had committed the crime of this case and expressed his attitude to repenting his mistake in depth, that the victim expressed his intention not to want the punishment against the defendant in the trial, that there was no criminal record exceeding the fine against the defendant, that there was no criminal record against the defendant, that the victim's negligence who continued to provide money without any specific confirmation procedure or securing security, etc. for the purpose of obtaining high profits by deceiving the defendant, and that there was a child in need of support of the defendant, and that the child seems to have suffered many mental and economic difficulties while being detained for more than eight months in this case, etc. are considered as favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background leading up to the defendant to the crime of this case, circumstances after the crime, etc., and the scope of recommended sentences (one year and six years to four years of imprisonment) according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case [decision of types] general fraud, types 3 (one year to five billion won to five billion won) (special person] mitigated factors: Imprisonment with labor for one year (the scope of recommended punishment).