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.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Although the Defendant again committed the instant crime even if he had the record of having been punished twice for the same criminal offense, and there are unfavorable circumstances, such as the fact that the amount of defraudation reaches KRW 147 million, and that the damage has not been recovered, the Defendant committed the instant crime on the other hand, on the other hand, while the Defendant confessioned all the instant crimes and is detained for about 80 days, and has no criminal record exceeding the fine, and was in a de facto marital relationship with the victim for about 10 years, and the instant crime was committed during the period in which the de facto marital relationship was maintained, and the Defendant filed a lawsuit claiming consolation money, etc. against the victim on August 16, 2013 after the de facto marital relationship was terminated, and the victim was investigated into the instant case on August 16, 2013 by filing a complaint with an investigative agency on the Defendant on the other hand, and taking into account all the circumstances revealed in the instant criminal records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and method of the instant crime, and relationship between the victim and victim, it is unfair.

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.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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