The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment) is too unhued and unfair.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime and reflects his mistake in depth, the fact that the health of the Defendant seems to be very poor due to urology and its combination, and the instant crime is concurrent crimes with the crime of fraud, etc. as stated in the judgment of the court below, for which the judgment of the court below became final and conclusive, and the punishment should be imposed in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

However, the crime of this case is deemed to have been committed by the defendant by deceiving the victim and deceiving the victim total of KRW 40 million in the name of business promotion expenses, and the crime is considerably poor in light of the method and contents of the crime, the defendant was sentenced to one sentence for the same crime, one time of suspended execution, one time of fines and four times of fines. In particular, on December 22, 2009, the Busan District Court sentenced two years of suspended execution to six months of imprisonment for fraud at the Busan District Court on December 30, 2009, and the above judgment was finalized on December 30, 2009, but the crime of this case was committed again during the suspended execution period, and it seems that the agreement with the victim or the recovery of damage was not properly achieved, and in full view of various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it is deemed that the sentence of the court below is unfair.

Therefore, the prosecutor's above assertion is justified.

3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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. Thus, Article 369 of the Criminal Procedure Act is applicable.