A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

2. In light of the fact that the amount of fraud is 5,00,000 won, it cannot be deemed that the nature of the crime is less than that of the defendant. However, considering the fact that the defendant is waiting to commit the crime of this case and reflects the defendant, that the victim is not subject to punishment by mutual consent with the victim, and other defendant's age, character and conduct, the circumstances and result leading to the crime of this case, and various sentencing conditions in the records and arguments of this case, such as the circumstances before and after the crime, it seems that the sentence of the court below is somewhat inappropriate.

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 following judgment is rendered again

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, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating the penalty specified in the crime of fraud through defraudation of KRW 50 million);

1. Article 62 (1) of the Criminal Act on the stay of execution (the consideration of favorable circumstances, such as Finin in front);

1. Social service order under Article 62-2 of the Criminal Act;