The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The amount of money obtained by deception is a large amount of 200 million won.

The damage of KRW 120 million has not yet been recovered after the defendant paid only KRW 80 million out of the amount of defraudation.

However, while the Defendant was implementing a electric source housing development project on the land of 51,086 square meters of D forest land in Doo-si, he borrowed an intermediate payment of KRW 300 million from the victim who was unable to raise funds due to the investor’s withdrawal of the investment intent, etc., and the J repaid approximately KRW 3 months later, and the Defendant repaid KRW 80 million to the victim out of the acquired amount.

Therefore, the actual loss suffered by the victim, out of the amount borrowed from the Defendant, is calculated only as principal (i.e., the principal and interest of KRW 30 million - the principal and interest of KRW 200 million - the repayment amount of KRW 480 million - the repayment amount of KRW 480 million), and even if considering the interest that the victim may receive as much as possible, the amount is KRW 50 million

[The principal and interest of KRW 300 million (= KRW 300 million 】 interest rate of KRW 24% per annum under the Interest Limitation Act 】 3/12) interest of KRW 12 billion for three months on the principal and interest of KRW 200 million (=20 million x interest rate of KRW 24% per annum under the Interest Limitation Act x 3/12) - KRW 480 million per annum under the Interest Limitation Act - The victim stated that he/she does not want to be subject to punishment by attending the court of the original instance.

There is no criminal history for the defendant.

In addition, when comprehensively taking into account all the sentencing conditions shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the punishment sentenced by the court below is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following decision is rendered after pleading.

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court.