The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or thiffed and thiffed;

2. In light of the details and details of the instant crime, the fact that the crime is not good, that the amount of damage exceeds KRW 200 million, and that the Defendant is able to be subject to criminal punishment for the same crime, is disadvantageous.

However, in light of the following: (a) the Defendant led to the instant crime; (b) the Defendant repaid or deposited the sum of KRW 175 million in the original court and the first instance court for the recovery of damage; and (c) the instant crime was committed on September 19, 2008 by the Defendant’s imprisonment with prison labor for one year at the Incheon District Court’s District Court on September 19, 2008; (b) the suspension of execution for two years; and (c) the relationship between the crime of fraud finalized on June 11, 2009 and the latter part of Article 37 of the Criminal Act should be considered at the same time in accordance with Article 39(1) of the Criminal Act; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age and happiness environment; and (b) the Defendant’s punishment imposed by the lower court is somewhat unreasonable

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, 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 identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;