The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this shall not apply.

2. The crime of this case is not a good crime in light of the method of acquiring money in the name of the premium by deceiving the victim by means of inputting false sales into a spag and presenting unftened sales data by the defendant.

However, considering the favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc. and all of the sentencing conditions in the records and arguments of this case, it is judged that the punishment of the court below is unreasonable.

3. If so, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the rejection of compensation order is reversed, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);