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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (two years of imprisonment) shall be too unreasonable;
(2) The defendant and his defense counsel explicitly withdrawn the assertion of mistake on the date of the first trial of the trial). The judgment on the grounds of appeal of this case was examined, and the crime of this case committed by the defendant is not less than the nature of the crime in light of the content and method of the crime. The maximum amount of damage to the crime of this case exceeds 400 million won, and the victim seems to have lost most of the long-term savings money.
However, it seems that the defendant recognized the criminal facts of this case in the court below for a more than 10 months since he was detained for a more than 10 months, and the seriousness of punishment for the crime of this case seems to have sufficiently broken off. In other words, the defendant paid 120 million won out of the amount of damages under the name of principal and interest, and agreed with the victim in the trial. The defendant was 73 years old, and the defendant's family members seems to be relatively less healthy due to the escape of the modified body. The defendant's family members want to be judged in the first place of the defendant. The defendant's family members should consider the balance with the case of fraud for which the judgment became final at the time of original trial, balance with the general sentencing of the defendant's age, character and environment, intelligence and environment, the motive and circumstances of the crime of this case, the criminal facts of this case, the economic circumstances of this case, the defendant's criminal records and circumstances, the result of the defendant's previous conviction, and other circumstances that were unfair after the defendant's argument.
3. Conclusion.