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

2. While the judgment defendant has been punished several times for the same kind of crime, the crime of this case is committed during the period of repeated crime of the same kind of crime and thus, the quality of the defendant is not good.

However, the total amount of damage of each of the crimes of this case is a small amount (79,600 won), there is no record of punishment exceeding the fine for fraud except for the defendant who has been sentenced to a punishment for four months in a repeated crime. Considering the motive and circumstance of all of the crimes of this case, the circumstances after the crimes of this case, the defendant's age, character and conduct, environment, etc., and other various circumstances, which are conditions for sentencing as shown in the records and arguments of this case, the punishment of the defendant is somewhat inappropriate.

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 evidence and the facts charged by the defendant 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 they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;