A defendant shall be punished by imprisonment for not less than five months.

2. The judgment of the court below, by deceiving the victim of the 30 million won by deceiving the victim with the desire to take out the financial shortage, was eventually sentenced to a sentence in the court below and was detained by law. In the court below, the defendant was released as bail on the condition that he would faithfully compensate for the damage after checking the defendant's intention directly and faithfully.

However, the defendant did not have a stable occupation after release and took a passive attitude on the side of the damage. The defendant transferred 500,000 won to the victim on the second month since he did not go through the full bench, and he has paid 500,000 won up until now. Considering that the economic situation of the defendant was insufficient, even if the defendant's economic situation was not sufficiently met, the defendant failed to faithfully implement the damage side imposed by the conditions of bail, so the defendant has no choice but to maintain his sentence against the defendant.

However, the sentence of the court below seems to be somewhat inappropriate in view of the fact that the defendant has violated the defendant's wrongness and has compensated for some damages as above, and other conditions of sentencing as shown in the records, such as the defendant's age, character, conduct and environment.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;