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 crime of this case is that the defendant deceivings the victim and defrauds the money borrowed from the lending company, and is not likely to criticize in light of the circumstances and methods of the crime.

On the other hand, the Defendant recognized all of the instant crimes, and is in profoundly against his mistake.

In the trial of the defendant, the defendant did not want the punishment of the defendant in consultation with the victim, and the damage of the victim seems to have been partially recovered.

There is no criminal record against the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, including the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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