A defendant shall be punished by imprisonment for not more than ten months.

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

2. It is recognized that the judgment defendant again committed a crime even though he had a previous conviction for the same kind of crime, and that the crime is inferior in light of the detailed circumstances and contents of the crime, and that the amount of fraud is not

However, considering the fact that the defendant seems to have an attitude against the defendant, the substantial part of the amount of fraud acquired by the accomplice C, the fact that the defendant has no substantial profit, the victim does not want the punishment of the defendant in agreement with the victim, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, the court below's punishment is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

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 identical to each corresponding part 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. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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