The judgment of the court below is reversed.

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

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable.

2. The defendant committed the crime of this case during the suspension period of execution due to the same fraud crime, the defendant is deemed to have committed the crime of this case during the period of suspension of execution due to the same fraud crime, and the defendant is deemed to have failed to agree with the victim, but on the other hand, the defendant is recognized as all the charges of this case, and the amount of the fraud of this case is not much recognized, the defendant did not undergo a joint examination of the case of this case and the case of Daegu District Court 2015No4822, and other factors of sentencing specified in the records and arguments, such as character, behavior, environment, family relationship, etc. of the defendant, are considered as being too unreasonable. Thus, the defendant's argument is with merit.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the gist of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement” to the column of the evidence, the same as the corresponding column of the judgment of the court below. As such, it is cited by Article 369 of the Criminal Procedure Act as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;