The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (five months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds of ex officio appeal, the court below examined ex officio prior to the judgment on the grounds of appeal. The court below committed an unlawful act which did not specify the crime by omitting the attached list in the crime, although citing the attached list of crimes in the crime. This error affected the judgment. Therefore, the judgment of the court below was no longer maintained in this regard.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is as stated in the corresponding column of the judgment of the court below, except for addition of the list of offenses to the end of the judgment of the court below, and therefore, it is 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, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the crime of this case and reflects the depth thereof, and the defendant has already returned 3 million won of the principal of this case out of the amount acquired by deceit of this case, and the defendant has long history of punishment for the same kind of crime, although the defendant has long repaid 2,482,700 won in total under the name of interest, and the damage amount caused by the crime of this case has not been fully recovered. Since the damage amount caused by the crime of this case is not much significant, the victim has not been fully recovered, and the victim's severe punishment is the defendant's character and behavior, environment, relationship with the victim, motive and means of the crime of this case, and the circumstances after the crime, etc.