The judgment of the court below is reversed.

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

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is planned to raise money to be used as operating expenses of the cooperative B.

The defendant has been punished twice by a fine for fraud.

The location was concealed without attending the date of the pronouncement of the judgment of the first instance.

On the other hand, the following conditions are favorable.

The confession from the investigation stage to the investigation stage, and the mistake is divided.

It is a crime committed in favor of the victim's behavior seeking employment by non-legal means.

After the judgment of the court of first instance became formally final and conclusive, the defendant repaid 10 million won to the victim on January 2019, when the first instance judgment became final and conclusive, and the victim did not want the punishment against the defendant by mutual consent.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;