The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the defendant was found to have committed a crime during the period of suspension of execution, there are some circumstances considering the degree of deception that the defendant was found to have actually started to remove E, and the defendant has agreed to pay damages to the victim D and had no criminal record of the same kind.

If the court below comprehensively takes into account such circumstances, the defendant's age, motive of crime, circumstances after crime, family relations, etc., and various sentencing conditions as shown in the records of this case and the theory of changes, the punishment sentenced by the court below is unreasonable.

3. As a result, the appeal by the defendant 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 after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column 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, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a person intentionally commits a deceptive act in the mitigated area (one month to one year) (special mitigated person) of Class 1 (less than 100 million won) (one month to one year), or the extent of the deceptive act is weak according to the sentencing guidelines;

2. The sentence shall be determined as per the Disposition, taking into account these circumstances in the reasons for reversal of the sentence above.