The judgment below

The remainder, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The prosecutor and the defendant asserts that the sentencing of the court below (six months of imprisonment) is too minor or unreasonable.

2. According to the records, although there are circumstances such as the fact that the defendant has a criminal record of the same kind and the amount of defraudation is not a considerable amount of KRW 20 million, the sentencing of the court below seems to be somewhat inappropriate in light of the following: (a) the defendant was in a criminal trial and the victim was not punished by the defendant by agreement with the victim; (b) the defendant's father and wife suffered from leuk blood disease; and (c) the defendant's support is urgently needed; and (d) other circumstances leading to the defendant's occupation, age, character, conduct, and crime.

3. As such, the defendant's argument is with merit, and the decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the decision is made again as follows after pleading.

(1) The judgment of the court below is reversed and the judgment of the court below is reversed, and it is not indicated separately in the disposition since the prosecutor's argument is without merit. The criminal facts and the summary of evidence against the defendant recognized by this court are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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 criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (the above Article 62(2)).