The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. Even though the judgment defendant had a record of punishment several times for the same crime, it is inevitable to punish him/her even if he/she committed the crime of this case.

However, all of the punishment records of the defendant was sentenced to a fine, and the total amount of fraud in the crime of this case was caused by 10,500,000 won, which was repaid to the victim, and the defendant had already been living in prison for not less than two months due to the crime of this case.

In light of the above circumstances, when considering various conditions of sentencing such as the Defendant’s age, environment, motive and background of the crime, and circumstances after the crime, the punishment imposed by the court below against the Defendant is too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Articles 347(1) and 347(1) of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning the facts of crime (the occupation of fraud), the choice of punishment (the occupation of fraud), Articles 234 and 231 of the Criminal Act;

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

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