The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Reasons for appeal

A. The Defendant is not guilty of deceiving the victim through C.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

Judgment

A. On November 5, 2002, according to the records of this case, the defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for larceny, etc. at the Seoul District Court on November 5, 2002, and on May 25, 2005, the Incheon District Court sentenced two months to imprisonment with prison labor for fraud, etc. at the Incheon District Court on June 2, 2005, and the judgment became final and conclusive on June 2, 2005, and the above suspended sentence became null and void. The judgment was sentenced to two years of imprisonment with prison labor at the Incheon District Court on October 11, 2005 and completed the execution of the last sentence at the Incheon District Court on May 19, 2008, but the court below did not impose a aggravated repeated crime.

In this respect, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in detail by specifying the judgment on the “determination of the Defendant and the defense counsel’s assertion” of the judgment.

Examining these judgments of the court below closely by comparing it with the evidential materials, the judgment is just, and there is no error of misconception of facts as alleged by the defendant.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

【Re-Appellant】