The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Although there are circumstances such as the fact that the amount of deceitation of this case is high, the sentence of the court below is too unreasonable in light of the following: (a) the defendant recognized his mistake when he was in the judgment of the court, and agreed with the victim while paying part of the amount of damage amount; (b) the defendant did not have any criminal record exceeding the fine; and (c) the defendant was provided with hearing materials from the victim to deal with another company; (d) there are circumstances that may be considered in light of the circumstances leading to the crime of this case; and (e) the criminal intent of deceptiveation appears to be dolusent; and (e) other circumstances that form the conditions for sentencing specified in the records, such as the defendant's age, character and behavior, environment, occupation,

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 Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (U.S. favorable circumstances, such as the grounds for reversal of the judgment);

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. Sentence;