A defendant shall be punished by imprisonment for not more than ten months.

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

2. The criminal liability of the defendant is heavy in light of the fact that the amount of fraud by the crime of this case is relatively large in judging the grounds for appeal of this case and that the defendant has been punished three times for the same crime.

However, in full view of all the sentencing conditions in this case, including the defendant's age, character and conduct, environment, family relationship, motive and attitude of the crime, circumstances after the crime, etc., it is deemed that the sentence imposed by the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination of the grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as seen in the determination of the grounds for appeal) of the suspended sentence shall be made in the same manner as the Disposition, as set forth in the judgment on the grounds for appeal.