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

2. In full view of the circumstances surrounding the instant crime, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable, even though the Defendant had a record of being punished for the same kind of crime, the equity in the case where the judgment becomes final and conclusive at the same time as the crime of fraud (the Defendant was sentenced to imprisonment with prison labor for a crime committed at a time similar to the time when the instant crime was committed).

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are the same as the stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 3

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The punishment as ordered shall be determined by taking into account the various circumstances examined prior to the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act;