The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The fact that the Defendant appears to have the attitude of recognizing and opposing the wrongness is favorable to the Defendant.

However, the total amount of damage caused by the defendant's crime is at least 25 million won, not the smaller amount in light of the economic conditions of the victim.

Although the defendant had shown the same attitude to repay even some of the damages in the court below and the trial court, he did not actually make specific efforts to recover damage.

In addition, the defendant has been punished four times or more for fraud, including that he committed a crime with a similar method.

In light of these circumstances, the defendant's character and behavior, the circumstances and result of the crime, and the conditions of sentencing as shown in the oral argument, the sentence of the defendant is inevitable. Therefore, the sentencing of the court below is deemed to be unfair because it is too unreasonable.

3. In conclusion, the prosecutor'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 facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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