A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

2. The judgment of the Defendant committed the instant crime by using the parents’ mind to commit the instant crime, and the fact that the crime was not good and that the Defendant committed the crime by falsity while committing the crime, and that the defrauded was the victim of the impovered wife’s bonds, etc., is an element for sentencing unfavorable to the Defendant.

However, in full view of the elements of sentencing favorable to the Defendant and other various conditions of sentencing indicated in the records of the instant case, such as the fact that the Defendant recognized the instant crime and reflects the Defendant once in the trial, that a considerable portion of the amount of damage was repaid, that the amount of damage was not much significant, and that the Defendant did not have any previous conviction before the instant crime was committed after having been punished in around 190, etc., the lower court’s sentencing against the Defendant is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

In addition to adding "1. Defendant's legal statement" to the first head of the evidence, the summary of the crime and the evidence admitted by this court is the same as the corresponding column of the judgment of the court below. Thus, it is cited as it is 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, Articles 38 (1) 2 and 50 of the Criminal Act;

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