The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.

However, since the amount of defraudation due to the crime of this case is KRW 143 million, the defendant's liability is not less than that of this case.

However, considering the fact that an agreement is concluded after the pronouncement of the judgment of the court below that the victim expressed his/her intention that he/she would not want the punishment of the defendant, that the defendant has the time of self-determination through confinement life for more than two months, that there is no criminal history exceeding the punishment of the same kind of crime or fine, and all other circumstances that form the conditions for the sentencing in this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal of this case is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);