A defendant shall be punished by imprisonment for six months.

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

2. It is recognized that the crime of this case belongs to the use of the defendant and the fraud of the money in the name of the borrowed money is not less than that of the crime, and that the defendant has the power to be punished several times for the same crime.

However, in full view of the following: (a) the Defendant recognized a criminal act; (b) the Defendant was in violation of the law; (c) the victim did not want the punishment of the Defendant by mutual consent with the victim; and (d) the equity in the case of a judgment at the same time with the final judgment was rendered; and (d) the Defendant’s age, sexual conduct, environment, circumstances leading to the instant crime, motive and motive leading up to the instant crime; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant 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 Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Each of the crimes of this case within the scope of the sentencing guidelines is not applicable to the crime of fraud for which the judgment has become final and conclusive and the crime of this case of concurrent crimes after Article 37 of the Criminal Code.

In reference, each crime in the judgment of the sentencing guidelines falls under one type of general fraud, which is "less than KRW 100 million" if the amount of fraud is added, and "in a case where punishment is not imposed or considerable damage is recovered".