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

2. The judgment is based on the records that the defendant had been punished several times for the same kind of crime (Fraud and embezzlement), and in particular, the defendant committed the crime of this case again even though he was a repeated crime due to the same kind of crime under the same law, so it is difficult to avoid the sentence of the defendant as the crime of this case is not good, and it is recognized that the damage of the victims caused by the crime of this case is a considerable amount.

However, when considering all of the sentencing conditions specified in the argument of this case, such as the Defendant’s age, character and conduct, the background of the instant crime, and circumstances after the instant crime, the Defendant’s argument is unreasonable, since it appears that the Defendant’s punishment imposed by the lower court is unreasonable, and the Defendant’s argument is reasonable.

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 the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes (as to the crime of fraud in case of 2014 highest2772, and embezzlement in case of 2014 highestest 4403)

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