A defendant shall be punished by imprisonment for four months.

2. The crime of this case, even though the defendant did not have the ability to repay the money from the victim even though he did not obtain a loan from the victim, is not sufficient to commit the crime by deceiving the victim as if he would immediately repay the money, and the crime of this case is a large amount of money which amount of fraud reaches 34 million won, and the defendant deposit 11 million won for the victim in the trial but still did not repay the amount of damage, the amount equivalent to the amount of damage has not yet been repaid, and the victim has to be sentenced to a sentence of punishment against the defendant in light of the fact that he wanted to punish the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime of this case, circumstances after the crime of this case, etc., the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel's allegation of unfair sentencing is somewhat unreasonable, given that the defendant's sentence imposed by the court below is somewhat inappropriate, since it is recognized that the defendant and his defense counsel's aforementioned allegation of unfair sentencing is reasonable.

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

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);