The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of suspended execution, and one hundred and twenty hours of community service) declared by the court below is too uneasy and unreasonable.

2. The judgment is based on the facts that the defendant has no record of punishment for the same kind of crime.

However, in the meantime, it is difficult to agree with the victim because the amount of damage caused by the instant fraud was a significant amount, and the court below suspended the execution of the punishment by sentencing for eight months, taking into account the fact that the defendant was able to repay the amount of damage, and given considerable time to the defendant in the trial, but the defendant still has failed to pay part of the amount of damage (the progress of civil procedure or the provision of security is not a repayment of damage). The victim complaining of economic difficulties caused by the instant crime and wanting to pay a severe punishment, the victim must maintain the balance between criminal punishment and the criminal punishment for the fraudulent act of the scale of damage similar to the instant crime. In full view of all the various circumstances recorded in the records and arguments including the defendant's age, character and conduct, circumstances leading to the instant crime, circumstances after the instant crime, etc., the prosecutor's assertion is reasonable, since the punishment imposed by the court below against the defendant is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;