2. The defendant shall be punished by imprisonment for six months;

(2) On February, 200, the defendant had already been punished twice, including one suspended sentence due to fraud, and this case is recognized that the defendant deceivings the victim, and that the crime is bad and has a large amount of damage, and that the defendant did not agree with the victim.

However, the fact that the defendant recognized the crime of this case, partly repaid the amount of damage, and the case of this case has been detained in the court of first instance and has sufficient time to lodge himself through confinements for about two months, and it is also recognized that the defendant has no criminal record.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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