The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal that the lower court rendered by the Defendant is too unreasonable (ten months of imprisonment) because it is too unreasonable (the Defendant explicitly withdrawn the assertion of mistake of facts on the date of the first trial of the first trial of the first instance court). 2. The fact that the amount of deception obtained is not much than KRW 50 million in total, the damage is not considerably recovered, the damage has not been considerably recovered, and the fact that there has been several records of punishment for the same kind of crime are disadvantageous to the Defendant.

However, in light of the favorable circumstances such as the defendant's life in prison for more than two months, and the defendant's age, sex, environment, background and method of the crime, circumstances after the crime, criminal records, and criminal records, etc., the sentence imposed by the court below is unreasonable, in light of the following factors: (a) the defendant shows an attitude against the defendant to recognize the crime of this case; (b) the defendant paid 8 million won and promised to pay the remaining amount in the future; and (c) the victim did not want the punishment against the defendant; and (d) the defendant did not want the punishment against the defendant; and (e) the defendant's life in prison for more than two months; and (e) other favorable conditions of sentencing as indicated in the records and arguments

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “1. Part of the Defendant’s legal statement” in the summary of the evidence of the judgment below to “1. The Defendant’s legal statement” is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as seen earlier)

1. The scope of punishment by sentence: Imprisonment for not more than 10 years;