The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant has the following disadvantageous circumstances:

The defendant acquired money in the amount of KRW 100 million from the victim under the pretext of investment, and spawn all of them, and the crime is not good in light of the circumstances and contents of the crime.

The defendant was not recovered from damage and did not agree with the victim.

However, there are the following favorable circumstances for the defendant.

The Defendant is against the Defendant’s recognition of the instant crime, since it has reached the first instance.

There is no record that the defendant was punished in excess of the fine prior to the crime of this case.

It is relatively clear that the social relationship is relatively clear, such as the defendant's spouse and children, and works as a bus driver before being detained in this case.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

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 on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts of crime and evidence recognized by this court shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except that the second reduction and each of the "97,430,000 won" in the list of crimes shall be deemed to be "94,730,000 won" under the facts of crime and the summary of evidence.

Application of Statutes

1. Determination of the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the grounds for appeal on the grounds of sentencing choice of imprisonment.