A defendant shall be punished by imprisonment for six months.

2. In light of the fact that the crime of this case was committed with the purpose of using the Defendant to repay the credit amount, but the Defendant supplied the golf club to the victim operating the sales store of golf products with the purpose of selling the golf club, and obtained the money by fraud over several times, in light of the circumstances of the crime, it is necessary to punish the Defendant with severe punishment, and it is inevitable to sentence the punishment.

However, in full view of the following: (a) the Defendant committed the instant crime; (b) there is no other force except that sentenced to a fine once by committing the instant crime; (c) the Defendant repaid the victim the amount of KRW 23 million before the prosecution; and (d) the Defendant additionally repaid the amount of KRW 1 million at the trial; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and the circumstances before and after the commission of the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

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 crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited 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;