The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of this case requires a strict punishment for the defendant in light of the fact that the defendant is not good to commit the crime by deceiving 21.3 million won from the victim, and that there is no agreement with the victim.

On the other hand, there are extenuating circumstances, such as the fact that the Defendant has no previous convictions since 2007, the confessions and reflects the crime, and the fact that the Defendant has repaid a significant portion of the amount of damage.

In addition, the sentence of the court below is too unreasonable in light of all the sentencing conditions shown in the argument of this case, such as the defendant's age, family relation, living environment, motive for the crime, and circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;