The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

from the defendant 10.

1. The decision of the court below on the gist of the grounds for appeal (a prison term of six months, additional collection of ten million won) is too unreasonable.

2. It is recognized that the Defendant, who was sentenced to a suspended sentence due to fraud, obtained money and valuables by deceiving the Defendant as if he could cancel the prohibition of departure by exercising influence on the prosecution, police officers, etc. with the view to the fact that the victim is in a poor state, and that the crime of this case requires a strict punishment, even in order to prevent similar crimes.

However, in full view of all of the following factors: (a) the Defendant recognized the entire crime to reflect the mistake in depth; (b) agreed with the victim in the trial; (c) the Defendant was sentenced to imprisonment with prison labor; and (d) the Defendant’s age, career, family environment, etc., the sentence imposed by the lower court is too unreasonable.

3. If so, the defendant's appeal is with merit. Accordingly, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided again after the pleading as follows.

[Discied Judgment] The criminal facts and summary of evidence against the defendant stated by this court are the same as the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act applicable to the facts constituting an offense, Article 111(1) of the Attorney-at-Law Act, and Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 116 and Article 111 of the Attorney-at-Law Act;