A defendant shall be punished by imprisonment with prison labor for up to six months.

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

2. The defendant's liability for the judgment does not include the defendant's miscompact and has several criminal records.

However, it seems that the defendant led to the confession and reflect of the crime, and the injured person in the trial did not want the punishment of the defendant.

The amount of fraud in 2012 was KRW 50 million, but the court below repaid KRW 6 million at the court below and repaid KRW 54 million at the court below. Accordingly, an agreement is formed.

There are no criminal records of the same kind.

In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition for the following reasons.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;