The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the defendant ices the employment of a new harbor wharf, and 60 million won by deceiving the victims with entertainment expenses and gambling funds, etc., and has not yet been affected yet. Considering the method of crime, the scale of damage, the circumstances after the crime, etc., it is necessary to punish the defendant strictly since the nature of the crime is not very high, in light of the method of crime, the size of damage, and the circumstances after the crime.

However, in full view of the following facts: (a) the Defendant’s mistake was seriously against the Defendant; (b) there was no history of punishment heavier than imprisonment without prison labor; (c) the victims deposited a total of 5 million won with the help of his/her family; and (d) other conditions of sentencing indicated in the records, such as the Defendant’s age, character, conduct and environment, the sentence of the lower court seems somewhat unreasonable

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. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

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