The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

2. The instant crime was committed through a pre-brupted limited loan, and the nature of the crime is not very good in light of the method or mode of deception, and the Defendant actively participated in deception against the victim in collusion with the accomplice C from the stage of planning the instant crime, and the amount of damage caused by the instant crime reaches KRW 378 million, and the amount of damage caused by the instant crime has not been restored to the depth of the party, etc.

However, the profit actually acquired by the defendant due to the instant case is merely a part of the amount of fraud, and the remainder seems to be used as a personal use by C, which is an accomplice, or as a business fund planned with the defendant.

In the past, the defendant paid 50 million won to the victim and the victim expressed his/her intention that he/she does not want to be punished against the defendant.

There is no record that the defendant was punished for the same crime since 1997.

The defendant makes a confession of crime and reflects his wrongness.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime was committed, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee (one hundred months to two years and six months) / [the scope of the recommended sentence] the mitigated area (one hundred million won or more, five hundred million won or less), [the person who is specially mitigated] mitigated area (one hundred months to two years and six months) [the person who is subject to punishment] [the person who is not subject to special mitigation] or whose considerable damage was restored, the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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