The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the crime of fraud of this case is up to 60 million won, the defendant merely deposited the amount of 10 million won for the victim and failed to recover additional damage. The defendant committed the crime of this case without being aware of it during the period of the suspension of the execution of the punishment, and all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, criminal background, circumstances after the crime, etc., shall not be deemed to be heavier than the punishment of the court below.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, the judgment of the court below is clearly erroneous in the statement of "50 million won" in the fourth 10th of the judgment of the court below, and such correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, since it is clear that "60 million won" is a clerical error.