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 shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. However, it is necessary to punish the Defendant on account of the very poor nature of the crime inasmuch as the Defendant had already been punished several times due to the same kind of crime even though he/she had already been punished several times due to the same crime, by deceiving the victim in a planned manner, by deceiving the victim, and obtained a total of KRW 80 million from the victim.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and appears to have an opportunity to sufficiently reflect the Defendant’s living in custody for about four months; (b) the Defendant’s consent to punish the Defendant; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (d) the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act regarding community service order;