The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the nature of the crime in light of the method of the crime in this case is not less than that of the crime in this case, but the amount of the fraud is reasonable, but the damage has not yet been recovered or agreed, it is inevitable to sentence the defendant to be sentenced.

However, all of the facts of each of the crimes in this case are considered to be against the defendant's mistake in depth and to be significantly scarcity of laws and regulations through confinement life remaining 5 months. However, considering the following factors: (a) the equity in the case where a judgment was rendered at the same time as the crime of fraud that became final and conclusive; and (b) other factors of sentencing indicated in the records of this case, including the defendant's age, character and conduct, environment, health conditions, motive of the crime, circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement" to "the first instance court's oral statement" as stated in the first instance court's judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;