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

2. The Defendant committed the instant crime by taking part in the role among the judged accomplices, which is not suitable to the fraud method, and the degree of the Defendant’s participation is difficult to be deemed to be less, the amount of damage was not small, and the damage was not recovered, and the fact that the victim did not agree with the victims is disadvantageous to the Defendant.

However, considering the fact that the defendant reflects his criminal act through the life of six months of detention, the fact that the defendant gains no substantial benefit, the defendant does not have the same criminal record and has no record of being sentenced to imprisonment without prison labor or heavier punishment, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character and behavior and environment of the defendant as shown in the records and arguments of this case, the sentence of the court below is somewhat 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 Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;