A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

2. In light of all the circumstances, including the fact that the Defendant had been subject to criminal disposition twice as a criminal act of the same type of fraud, and that the Defendant was issued a summary order of KRW 1 million at the Jung-gu District Court on May 14, 2013 to a fine of KRW 1 million as a crime of fraud and thus, the Defendant was released after being detained in the workhouse. However, the Defendant is led to the confession of the instant crime, the total amount of damage to the instant crime does not seem to be significant, and all other circumstances, including the Defendant’s age, character, character, environment, occupation, details and contents leading to the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court shall be deemed to be undue.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the recommended area] Basic Field [Scope of Recommendation] : six months to one year and six months [whether suspended sentence is suspended] - Major reasons for reference: negative previous convictions of the same kind (not less than three times within five years), unagreements - Major reasons for reference: In cases where positive damages are considerably small (decision of sentence], the above reasons for reversal are the same.