The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The conclusion that the Defendant, as a person subject to enlistment in active duty service, failed to perform the duty of military service without any particular reason until he attains 36 years of age, and is likely to perform the practical duty of military service in the future, acquired the larger amount of KRW 330 million from the victim by fraud, and used the defrauded amount for sports soil gambling is an unfavorable condition to the Defendant.

However, there is no other criminal records other than the fine prior to the one-time drinking driving, and the fact that the defendant has repaid the amount acquired by the victim and agreed to do so is favorable to the defendant.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the Act applicable to criminal facts, Article 88 (1) of the Military Service Act that provides for the choice of punishment, and Article 347 (1) of the Criminal Act (Fraud and choice of imprisonment with labor);

1. Of concurrent crimes, the sentence shall be determined as ordered in full view of the various circumstances prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.