A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The instant crime committed by the Defendant by deceiving victims and deceiving them with a considerable amount of money over several times is not good in light of the method, period, amount of damage, etc. of the crime.

However, the defendant has no record of being punished as a crime of the same kind, and all of his errors are recognized, and the defendant again does not commit such a mistake.

In addition, it was agreed with all victims, including the victim company, at the time of the trial.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is 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 punishment for the crime, 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. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2