The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant committed the crime of this case when it comes to the trial, and the defendant established the right to collateral security and received a loan from the victim's real estate cause 100 million won. The defendant used the right to collateral security to repay the victim's debt, and the victim received approximately KRW 17 million from the victim after the loan was made. The defendant actually reverted to the defendant was less than the maximum amount of KRW 150 million,00,000,000,000,000 won. After October 24, 2011, the defendant paid KRW 2 million to the victim. The court below made efforts to recover damage, such as deposit of KRW 38,00,000,000 in total in the victim's real estate, the defendant's age, character and environment, motive, means and result of the crime, etc., and the above defendant's argument that the sentencing conditions of this case after the crime are too unjustifiable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;