The guilty portion (excluding the part of a compensation order) shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

(b).

A. On February 20, 2012, the lower court found the Defendant not guilty of the fraud of February 20, 2012 among the facts charged in the instant case, and convicted the remainder of each fraud.

However, the judgment of the court below on the guilty portion is limited to the convicted portion of the court below because the defendant appealeds only on the grounds of mistake of facts and unreasonable sentencing, while the defendant and the prosecutor did not appeal the acquittal portion and it became final and conclusive as it is.

B. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. Although the crime of this case was committed by the Defendant by deceiving the victim with a charge exceeding 160 million won, there are some unfavorable circumstances to the Defendant, such as the fact that the damage was caused due to the lack of the amount of damage. However, in light of the favorable circumstances such as the Defendant’s confession of the crime and the fact that the Defendant had no record of being sentenced to the same kind of crime or punishment heavier than the suspension of execution, and that the Defendant received a letter in the course of partial recovery of damage, the Defendant’s age, character and conduct, environment, the background and consequence of the crime of this case, and all of the sentencing factors indicated in the records, such as the sentencing guidelines of the Sentencing Committee of the Supreme Court, it is unfair that the sentence imposed by the lower court against the Defendant is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the part of the judgment below's conviction (excluding the part of the compensation order) is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.