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

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

2. The amount of fraud in this case is not to be written. However, for the past time in mind, the Defendant recognized the Defendant’s entire commission of the crime and repented in depth, and there are some circumstances to consider the circumstances leading to the Defendant’s commission of the crime, the process of delivery of the act of deception, etc., and the amount of KRW 37 million out of the amount of damage was recovered.

In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, the lower court’s punishment is deemed to be excessive and unfair.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.

The facts of crimes and the summary of evidence recognized by the court are all as stated in 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 legal provisions pertaining to the facts of crime, Article 347(1) of the Criminal Act (influence of fraud), Article 231 of the Criminal Act (influence of private document), Articles 234 and 231 of the Criminal Act (influence of the above investigation document) and each choice of imprisonment;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds of the above reversal);