A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. According to the evidence submitted by the prosecutor, according to the evidence submitted by the prosecutor, the fact that the defendant deceivings the victim and defrauds money as advance payment can be recognized.

(b) The sentencing division and police officer (the first instance court: Imprisonment with prison labor for up to eight months and two years of suspension of execution);

2. The judgment of the court below that acquitted part of the facts charged can no longer be maintained, on the ground that the judgment of the court below on the assertion of misunderstanding of facts is examined, and the defendant's oral statement and reinforcement evidence can be found guilty.

Therefore, we accept the prosecutor's assertion of mistake of facts.

3. If so, the prosecutor's argument of mistake of facts is with merit, and the judgment of the court below is reversed without examining the argument of unfair sentencing, and this decision is rendered again as follows.

[Reason] The summary of the facts constituting an offense and evidence recognized by the trial of the summary of the facts constituting an offense and evidence shall be stated in the judgment of the court below in Section 1 of the judgment of the court below in the sum of 52,638,00 won in total of 36 times as shown in the attached Table 1 of the judgment of the court below, except for the cases where the sum of 52,638,000 won in total of 89 times as stated in the attached Table 1 of the crime sight table (1) is "96,694,00 won in total of 89 times, as shown in the attached Table 1 of the crime sight table (1)".

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act ( comprehensively including fraudulent points) and Article 329 of the Criminal Act, and imprisonment with prison labor;

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

1. A person subject to suspended sentence under Article 62(1) of the Criminal Act: The person subject to suspended sentence has committed a crime for a long time repeatedly, and the amount of fraud is a large amount, and the person subject to mitigated punishment is not agreed upon with the victim: The defendant's age, character and conduct, family relationship, motive and circumstance of the crime, and the crime are followed by the crime.