The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The defendant asserts that the decision of the court below on the summary of the grounds for appeal is too unfasible to the punishment (six months of imprisonment) and that the prosecutor is too unfased and unfair.

2. It is a favorable reason for sentencing that the amount of fraud is not stated as KRW 50 million, that the criminal records of the same kind of crime are only one time, that the amount of damage is fully repaid in the trial, that is, the agreement with the victim is reached, that is, the confession of the crime is against the victim, and that the detention has been detained for about one month.

When considering the above sentencing factors comprehensively considering the defendant's age, family relation, economic situation, background and motive leading to the crime, and all other matters concerning the sentencing specified in the records and arguments in this case, the judgment below's punishment is deemed unfair because it is without merit, so the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

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, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;