The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of suspended sentence, two years of social service, two hundred hours of imprisonment) is too unreasonable.

2. Although there are several kinds of frauds, the Defendant committed again, despite the fact that he committed the instant crime. However, there are unfavorable circumstances such as the Defendant’s confession and reflects on the instant crime; the first head of the criminal facts stated in the judgment below, which became final and conclusive, and the instant crime, should be considered at the same time in accordance with Article 39(1) of the Criminal Act in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act; the Defendant remitted KRW 2 million to the victim as of the date of the judgment below to recover additional damage; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and considering all of the sentencing conditions indicated in the records of the instant case, such as the following circumstances, the Defendant’s punishment imposed by the lower court appears to be somewhat inappropriate. Thus,

3. The facts charged in the instant case are found guilty as to the application for a compensation order, and the defendant paid 4 million won to the applicant for a compensation order at the original trial, and the application for a compensation order within the scope of 4 million won, which remains after the repayment of additional 2 million won repaid by the defendant after the original judgment was rendered by the court below.

4. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled after pleading as follows. An application for remedy order filed by the applicant for remedy order is accepted within the scope of the above recognition pursuant to Article 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is decided as per Disposition by applying Article

Criminal facts

The facts constituting an offense and the summary of evidence recognized by this court shall be as follows.