A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The sum of the fraud amount is relatively large of KRW 41 million, but it has not been agreed with the victims until this court, and it is disadvantageous that considerable damage has not been recovered.

However, in light of the fact that the defendant's mistake is recognized, and that the defendant deposited the total of KRW 13 million for the victims in this court, it is more favorable that the defendant deposited the money for the victims, and other various sentencing conditions as shown in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the age and character environment of the defendant, etc., the court below's punishment is unreasonable, and therefore the defendant'

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50-1 of the Criminal Act; Article 62(1) of the Suspension of Execution Act;