A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The crime of this case is very poor because the defendant abused the fact that the victim, who is a workplace partner, has a intellectual disability for more than two years, and received a loan or made a payment under the name of the victim through several times.

The amount of damage is also significant.

However, the defendant recognized the crime of this case.

In the past, the defendant does not want the punishment of the defendant by mutual consent with the victim.

In addition, considering the defendant's age, character and conduct, environment, family relationship, criminal records, motive, means and result of the crime, various circumstances, which are conditions for sentencing as shown in the court below and the arguments at the party hearing, such as the circumstances after the crime, the court below's punishment against the defendant is somewhat inappropriate.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified, and the following judgment is rendered after pleading.

[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 acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 232-2 and 234 of the Criminal Act for the crime and the choice of punishment (the use of computers, etc.) and Article 347-2 of the Criminal Act (the use of computers, etc. and the fraud in the use of computers, etc.). Article 347-1 of the Criminal Act (the use of computers, etc. and the fraud in the use of computers, etc.)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the most severe punishment and punishment) (the aggravation of concurrent crimes committed by using computers, etc. as of May 18, 2016)

1. Article 62(1) of the Criminal Act (As above, consideration of the favorable circumstances) 1.