A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

The sentence of the court below is too unreasonable.

Judgment

The lower court, based on its stated reasoning, determined the Defendant’s punishment.

However, in full view of the circumstances favorable to the Defendant, such as the fact that the Defendant fully recognized the instant crime and against the Defendant, the Defendant has no record of criminal punishment except for a disposition of suspension of indictment, the Defendant is waiting for childbirth, the Defendant’s fraud crime is committed against the attempted crime, and other various sentencing conditions that appear in the proceedings of the instant argument, the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal of this case is reasonable.

【Discied Judgment】 The summary of facts constituting a crime and evidence recognized by the court is identical to the entries in each corresponding column of the judgment of the court below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act, which provide for the choice of punishment for the crime (the point of attempted fraud and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;