A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

2. In light of the circumstances unfavorable to the Defendant, such as the fact that the amount of fraud exceeds KRW 2,00,00, the fact that the Defendant did not agree with the victim up to the trial of the case, etc., or the fact that the Defendant committed the instant crime, the Defendant does not have any particular criminal record, and there are other circumstances that may take into account part of the circumstances leading to the instant crime, the circumstances leading up to the instant crime, the circumstances before and after the instant crime, the age, character and conduct, and family environment, etc., the lower court’s punishment seems to be somewhat unreasonable.

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 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 and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (the consideration of favorable circumstances, such as Finin in front);