A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The judgment of the court below is inappropriate in full view of the following circumstances: (a) although the crime of this case was committed by the defendant under the trust relationship with the victim, deceiving the victim to borrow 20 million won for business purposes, and using it as wages, etc., the defendant recognized the crime of this case; (b) it appears that the defendant was detained for about 20 days before being released as bail; (c) it appears that the victim was recovered from damage by mutual consent with the victim during the trial; (d) it seems that there was no criminal record other than the fine; (e) it is not good for the victim to health; (e) it is not good for the victim to have no criminal record other than the fine; and (e) it is not sufficient to economic situation; and (e) it is not sufficient to take into account the defendant’s age, environment, occupation, family relationship; and (e) circumstances leading to the crime of this case; and (e) circumstances leading to the crime before and after the crime, etc., the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (the grounds for reversal in the first sentence);