The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. The Defendant’s crime of this case is subject to criticism in light of the following: (a) the Defendant obtained large amounts of money from the victim over several occasions, but failed to repay the total amount of money up to the present day; and (b) the Defendant is still unable to be used from the victim.

However, the court below's punishment is too unreasonable in light of all the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the fact that the defendant committed the crime in this case against the defendant's mistake, the defendant's deposit, etc. was almost recovered in most of the damage to the victim through the defendant's deposit, etc., the defendant's primary offender, and other all the sentencing conditions such as the defendant's age, character and conduct

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【The Reasons for the Judgment of the court below which has been written] The facts constituting a crime and the summary of the evidence acknowledged by the court of this court and the summary of the evidence are identical to the facts in each corresponding column of the judgment below, except for the alteration of “1. The Defendant’s partial statement” in the summary of the evidence to “1. The Defendant’s statement in this court”. As such, they are cited in accordance with

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes prescribed in fraud around July 29, 2015), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Determination of the sentence as ordered by comprehensively taking account of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62-2 of the Criminal Act.