The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined based on the following facts: (a) the crime of this case is committed by multiple persons in collusion with a fund for public funds to stabilize the residence of homeless workers; (b) the quality of the crime is inferior; (c) the Defendant took part in such organized fraud crime as a lessor; and (d) the amount obtained by the defrauded was up to 63 million won; and (c) the Defendant denied his criminal act before the fifth public trial of the lower court; (b) the Defendant is deemed to be a person who performed a false lessor and is deemed to be a mere participant in the crime of this case; (b) the amount actually received by the Defendant is deemed to be much smaller than the money obtained by the above fraud; and (c) the Defendant was voluntarily distributed on January 14, 2016, which is after the issuance of the lower judgment for the repayment

Considering the various circumstances, such as the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the lower court seems to be unreasonable.

3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act shall be reversed, and the following decision shall be rendered after pleading, on the grounds that the defendant's appeal has merit.

[Judgment of the court below] The criminal facts of the defendant and the summary of the evidence are as stated in the corresponding column of the court below. Thus, Article 369 of the Criminal Procedure Act applies.