The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (no. 10 months of imprisonment) is unfair because it is too unreasonable.

2. The Defendant is not guilty by deceiving a large amount of money from the damaged party by borrowing a false overseas real estate development project, the prospect of which is uncertain.

Furthermore, the defendant committed the crime of this case during the period of suspension of execution due to fraud, and there is a high possibility of criticism for the punishment of the same crime.

However, in light of the fact that the court below paid 120 million won out of 200 million won in the amount of damage at the stage of the court below, and that the remainder has been additionally paid in the court below and agreed to only the victim and the victim have agreed to do so, and that the crime has been divided, there is room for the court below’s punishment to be mitigated.

Therefore, the defendant's argument of sentencing is justified.

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding part 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. In addition to all the circumstances in the judgment on the grounds of appeal prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the pertinent legal provisions on criminal facts and Article 347(1) of the Act on the Punishment of Suspension of Execution of Punishment (Selection of Imprisonment) of the Criminal Act, as well as Article 62(1) of the Criminal Act, the sentence was determined as ordered by taking into account all the factors of sentencing as shown in the records and arguments, including the Defendant’s age, career, sexual conduct, environment and motive, circumstance, means and consequence