A defendant shall be punished by imprisonment for not less than eight months.

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

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

Judgment

In collusion with other co-defendants, the fact that the crime is inferior to the quality of the crime and the fact that the amount of the fraud is not significant is disadvantageous to the defendant.

However, in full view of the favorable circumstances, such as the fact that the defendant fully recognized the crime, the fact that the defendant was the first offender, the fact that the defendant was the first offender, the fact that the defendant partially deposited the amount of damage, and other circumstances that are conditions for sentencing, such as the sentencing of the other co-defendants, the age, character and conduct, the environment, the circumstances of the crime, the means and consequence, etc., the punishment imposed by the court below is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;