The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that there are many criminal records of the same kind of crime to the defendant; and (b) the fact that the amount obtained by deception is a considerable amount of money; (c) the fact that the defendant repents and reflects the mistake; (d) the fact that the defendant has returned a considerable portion of the amount obtained by deception to the victim; and

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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 facts charged and the summary of the evidence acknowledged by this court is as follows, except where the "victim" of the judgment of the court below is deemed "victim B", and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.