A defendant shall be punished by imprisonment for four months.

2. In full view of the fact that the amount of deceitation of this case is not so significant, that the victim would have been paid 1.60,000 won for the time when the judgment was rendered, and that the defendant could have been tried simultaneously with the crime for which judgment became final and conclusive, the defendant has 27 criminal records, which are 17 times criminal records, and the crime of this case is committed while being tried at the appellate court for the same kind of crime, and as such, the defendant does not reflect his mistake at all and shows an attitude of light of legal order, such as committing a crime almost damply, it is inevitable to sentence sentence against the defendant.

Nevertheless, the sentencing of the court below, which sentenced the defendant to a suspended sentence, is too unreasonable.

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description 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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing factors stated in the latter part of Article 37 and Article 39(1) of the Criminal Act, on the grounds of sentencing, include the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., and the various sentencing conditions indicated in the instant case, including the following circumstances, shall be determined as ordered.