A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the circumstance, result, etc. of the crime committed by deceiving a large amount of KRW 50 million in the judgment, the crime of this case is not less complicated; the crime was denied to the court below; the victim did not agree with the victim; the defendant did not have a criminal record of the same kind as the crime of this case; the defendant led to the crime of this case; and the defendant made efforts to supply food materials; the defendant did not have a conclusive intention to acquire it; the defendant was made efforts to recover damage by depositing KRW 18 million, which is part of the damage amount in the trial; the defendant's age, character and conduct, occupation and family environment; the process and result of the crime; and the circumstances after the crime, etc., it is recognized that the sentence of the court below, which sentenced to the punishment, is too unreasonable.

3. 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 well-grounded, and the following decision is rendered after pleading.

[Grounds for the judgment of the court] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "written statement of the defendant at the trial" is added to the summary column of the evidence. Thus, they are 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;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

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