A defendant shall be punished by imprisonment for six months.

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

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range (one month to one year) according to the attached sentencing guidelines.

Although considering the criminal records, reflectivity, etc. of the accused as favorable sentencing factors, the punishment was determined in consideration of the nature of the crime, the amount of fraud, the unagreement(victim's severe punishment) etc.

However, the appellate court agreed with the victim.

In addition, when reviewing the sentencing factors, the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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