The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In light of the arguments of this case and the sentencing reasons indicated in the record, such as the fact that the defendant was punished for a crime of the same kind, and that the amount of defraudation of this case was a maximum amount of KRW 60 million, or partial repayment of damage was made in the trial, and that the victim was fully agreed with the victim, the punishment sentenced by the court below is unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment 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) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

1. Determination of the punishment as ordered in consideration of the reasons for sentencing of Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure) 2.