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 became final.

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the crime of this case is not somewhat poor in light of the contents of the deception, the defendant's mistake is recognized and against the defendant; there is no record of criminal punishment exceeding the fine; the defendant has reached an agreement with the victim at the time of the trial; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and other various conditions of sentencing as shown in the pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. after the crime, the sentence of the court below is found to be too unreasonable. Thus, the defendant'

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;