The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal is too unreasonable when considering the various circumstances of the instant case. The sentence of the lower court against the Defendant is too unreasonable.

2. The nature of the crime is not weak in that it did not make efforts to recover the damage after seven years from the date of the crime, in which the amount of the instant fraud was not small, and that it did not make efforts to recover the damage.

However, in light of the following: (a) there is no particular history on the Defendant; and (b) the victim was not punished by paying the amount of damage late in the course of the trial; and (c) the motive and background of the instant crime, its content, degree of damage, circumstances after the instant crime; (d) relationship with the victim; (e) the Defendant’s age, character, conduct and environment, etc., the sentence of the lower court is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));