A defendant shall be punished by imprisonment for four months.

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good, and that the defendant committed the crime of this case again during the period of repeated crime even though he had a previous record of multiple times, strict punishment against the defendant is needed.

However, in light of the fact that the defendant has divided his mistake in depth, that the defendant has reached an agreement with the victim when the judgment was made, that the crime of this case has to take account of equity with the case where the judgment is concurrently rendered under Article 39(1) of the Criminal Act in relation to the crime of fraud for which judgment has become final and the concurrent crimes after Article 37 of the Criminal Act, the amount of money acquired, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;