The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

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

2. In light of the fact that although the defendant was sentenced to punishment and suspended execution for the same kind of crime, the amount of the fraud of this case is not so significant, the defendant returned the whole amount of the acquired money to the court below, and the victim is also not subject to the punishment, and the crime of this case is deeply divided through prison life for about 2 months, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the motive and circumstances of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, are considered to be unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the preceding sentence, etc.);