The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

(2) the date of this judgment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In the case of a single appellate trial, the defendant has delivered his intention to himself; and

D A statement of agreement in the name was submitted.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment (the reported price of the damaged article is 70 million won, but the victim has given and recovered KRW 15 million;

Since the sentencing criteria of less than KRW 100,000 are applied) of the general fraud category 1 (less than KRW 100,000) in the mitigation area (one month to one year): In case where punishment is not imposed or where considerable damage is recovered.

2. Main reasons for a stay of execution: positive - Where the penalty is not imposed or the damage is recovered from a considerable part.