The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant by defrauding KRW 100 million from the victim, and the amount of damage was not agreed with the victim despite the degree of damage, and the victim denied the crime in the lower court and testified at the court below.

However, in full view of the following facts: (a) the Defendant recognized the instant crime when it was in the trial; (b) partially repaid or deposited money at the lower court; (c) made efforts to recover damage by deposit an additional amount of KRW 50 million in the trial; (d) there is no record of criminal punishment other than once a fine; and (e) other sentencing conditions as shown in pleadings during the trial until the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) considering that the damage recovery was somewhat poor and late, the sentence imposed by the lower court is too unreasonable.

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

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.

【The reasoning of the judgment in its entirety is as follows: (a) the facts constituting an offense and the summary of the evidence recognized by the court in question; and (b) the summary of the evidence as to the facts constituting an offense and the summary thereof are identical to the relevant column, except for the alteration of “1. Part of the Defendant’s original testimony” (No. 13 of the judgment below No. 2 of the judgment below) to “1. Defendant’s original oral statement”; and (c) thus, it is cited in accordance with Article

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. It is so ordered in consideration of various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act.