The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. In the instant case where the Defendant completed the development of F’s product, and the defrauded by deceiving the victim as if the market was developed, the crime is not committed in a planned manner, and the amount of damage was not written, and the Defendant received money on several occasions, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect the Defendant’s life through confinement for a certain period; (c) the Defendant has agreed with the victim at the time of the trial; (d) the Defendant has no record of having been punished for the same kind of crime; and (e) the Defendant has no record of criminal punishment exceeding the fine for the last ten years; and (e) other circumstances that form the condition for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act on the community service order;