The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the amount of deception is not a large amount, and the defendant committed each of the crimes of this case during the period of suspension of execution of the same crime is disadvantageous.

However, it is more favorable to the fact that the defendant recognized each of the crimes of this case against the mistake, and the fact that the victim is not willing to be punished for the defendant by agreement with the victim in the trial of the party.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.

Therefore, the defendant's above assertion is justified.

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.

[Dao-written judgment] The summary of facts constituting a crime and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except where "1. The defendant's partial statement in court" in the summary of evidence is revised to "1. The defendant's oral statement in court" and thus, it is cited as it is 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 imprisonment with prison labor for the crime;

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

1. As seen in the part on the assertion of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as per the disposition shall be determined in consideration of various circumstances as seen above.