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

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

2. The crime of this case is an unfavorable circumstance to the Defendant, such as that the Defendant acquired pecuniary benefits by deceiving another person, and the amount of damage is not less than 30 million won, etc.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate in light of the following factors: the defendant's repayment of part of the amount of damage to the victim in the trial; the defendant has no record of punishment for the same kind of crime; the defendant's family members support the defendant; and the defendant reflects his wrongness.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

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

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);