A defendant shall be punished by imprisonment for six months.

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

2. The judgment that the defendant had two times a suspended sentence due to the same type of fraud crime is disadvantageous to the defendant.

However, if the defendant deposits 2 million won for the victim at the court below, additionally pays 13 million won to the victim at the court below, and agreed with the victim, the actual profit acquired by the defendant by the crime of this case is merely an amount of 5 million won, the defendant has been under confinement for more than 2 months in this case, and the defendant has a profoundly reflect on the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the arguments and records, such as the circumstances after the crime of this case, are considered to be too heavy.

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 criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the defendant among the grounds for reversal);