The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. In light of the gist of the grounds for appeal, the fact that the defendant is against himself and the circumstances and degree of the crime, etc., the punishment (one year and six months of imprisonment) imposed by the court below against the defendant is too unreasonable.

2. The fact that the Defendant had a large number of criminal records of fraud and was punished for driving under the influence of alcohol, in particular, committed the instant crime without being aware of the fact that the instant criminal act was committed during the repeated crime period, and that the instant criminal act was committed by being provided with alcohol without intent or ability to pay the price as in the previous case, and the number of times is not good, and the quality of the crime was not good, and the Defendant committed the instant violation of the Road Traffic Act (driving) in the course of the trial of the first instance, committed the instant criminal act against the victimJ, prevented the Defendant from committing the fraudulent act against the victimJ, and did not completely recover from the damage of each criminal act, etc., that are disadvantageous to the Defendant.

However, the fact that the amount of damage caused by each fraud is relatively small, the health condition of the defendant is not good, and the defendant reflects the wrong by living in custody, which is favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments such as the character and behavior and the environment of the defendant, the sentence imposed by the court below on the defendant is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the 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 and Article 347(1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment).