A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. Determination

A. The defendant, knowing that he provided shares as security and borrowed KRW 20,000 from C, acquired money equivalent to approximately KRW 20,000 by making a false statement to the victim. It is recognized that the crime is bad, that the defendant has been sentenced to imprisonment with prison labor for the same crime on June 2001 and three years of suspended execution.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the instant shares were returned to the victim and were returned to the victim; and (c) the injured party did not want to be punished by the Defendant; (c) the Defendant had an opportunity to reflect while living in prison for three months; and (d) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, the lower court’s punishment is unreasonable due to the failure to impose

Therefore, the defendant's above assertion is justified.

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

In addition, since the application for compensation by one applicant for compensation falls under a case in which the scope of the defendant's liability for compensation is not clear, it is decided to dismiss it in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

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

2. (b) Circumstances favorable to the entries in the port;

1. Order of community service;