A defendant shall be punished by imprisonment for four months.

2. The judgment of the defendant committed the crime of fraud by taking account of the fact that the defendant committed the crime of fraud against the victim who supported the children who are the first-class disabled person of the brain disease with the previous history of punishment for fraud, whose economic situation is not sufficiently sufficient, and thus, the nature of the crime is not somewhat weak and character is poor, and the victim complained of prompt recovery of damage, but the defendant still has not been compensated for the damage.

However, in full view of the following: (a) the Defendant reflects the Defendant’s mistake in depth; (b) additionally repaid KRW 5 million in the first instance court in addition to KRW 5 million repaid by the victim; and (c) deposited KRW 3 million in the court; and (d) other conditions of sentencing indicated in the records, such as the Defendant’s age, character, conduct, and environment, it is reasonable to deem that the sentence of

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;