A defendant shall be punished by imprisonment for four months.

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

2. The conclusion that the accused obtained money for a long time by using trust relationship with the victim is an unfavorable circumstance to the accused.

However, considering the Defendant’s age, character and conduct, environment, circumstances after the instant crime and circumstances after the instant crime, the lower court’s punishment is too unreasonable, in light of the following favorable circumstances: (a) the Defendant recognized the instant crime and went against the Defendant; (b) the Defendant agreed to the Defendant’s wife; (c) the victim was the Defendant’s wife; and (d) there was no criminal history exceeding the fine and there was no same criminal history; and (c) the Defendant did not have any criminal history.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, are the same as the corresponding column of the judgment of the court below, except as otherwise stated in Section 1. The details of account adjustment” in Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the overall circumstances as seen in the grounds for reversal were considered.