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 this judgment became final and conclusive.

2. Determination ① The amount of damage caused by the instant crime reaches KRW 200 million, and the fact that the nature of the crime of deception is not good is unfavorable.

However, in full view of the following circumstances: (a) the Defendant has no record of being punished for the same crime; (b) the Defendant has been recognized as committing the instant crime for the first time in the trial; (c) the victim expressed his intent not to have the Defendant punished in the trial; and (c) other circumstances that form the conditions for sentencing, such as the circumstances of the instant crime, means, results, and conditions after the instant crime, the sentence of the lower court is deemed unfair

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[C] The summary of the facts constituting an offense and a summary of evidence against the Defendant is as follows: (a) the “part of the Defendant’s legal statement” in the summary of the evidence of the lower judgment as “written statement at the trial of the Defendant”; and (b) the deletion of the “written protocol of interrogation of the prosecution against the Defendant” is the same as the corresponding column of the lower judgment; and (c) thus, it is acceptable in accordance with Article 369

Application of Statutes

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 201Do134, Apr