The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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 (six months of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, while the Defendant had no intent or ability to sell by importing and selling eak horse, was used for another purpose after receiving KRW 100 million from the victim under the pretext of investment money by deceiving the victim, and in light of its details and result, the nature of the instant crime is very very difficult.

However, in full view of all the circumstances such as the defendant's age, character and conduct, environment, occupation, circumstances leading to the crime of this case, and circumstances after the crime, the sentence of the court below is too unreasonable, in light of the fact that the defendant is the first offender and the defendant's age, character, environment, occupation, circumstance and contents leading to the crime of this case, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types]: General Fraud [Type 2] and above KRW 100,000, and below KRW 500,000 (specially punished persons] mitigated factors: In cases where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope of recommended punishment] mitigated areas, and ten months through two years and six months;

3. The scope of sentencing guidelines shall be the sum of the sentencing factors in the reasons for reversal of the sentence.