The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. The main sentence of the grounds for appeal is unreasonable.

2. The Defendant recognized his mistake, against himself, and did not have any other history of punishment, and agreed with the victim in an appellate trial.

In addition, considering the motive and circumstances leading to the defendant to commit the crime, circumstances before and after the crime, the defendant's age, environment, character and conduct, occupation and family relation, etc., the sentencing of the court below is deemed unfair.

Defendant’s assertion is reasonable.

3. As such, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the Defendant’s assertion of unfair sentencing, and the judgment is rendered again as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it 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 punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. General Fraud [Type 1] below KRW 100 million - In a case where punishment is not granted or significant damage has been recovered [the scope of the recommended area and the recommended punishment], the scope of mitigation area, the imprisonment with labor for one month or one year [the general person] - There is no power of execution [the grounds for suspension of execution of punishment] - There is no power of execution [the grounds for suspension of execution of punishment] - There is no power of execution of punishment, and no power of criminal punishment.