The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

1. Summary of grounds for appeal;

A. In full view of the fact that the defendant reflects the crime of this case, the amount of fraud is not relatively large, and the defendant's mental illness affected the crime of this case, the punishment of the judgment below (four months of imprisonment) is too unreasonable.

B. In full view of the fact that the prosecutor Defendant had been punished several times for the same crime, and repeated crimes during the short period of repeated crimes, the sentence of the lower judgment is too uneasible and unreasonable.

2. The judgment of the defendant reflects the crime of this case, the amount of fraud of this case is not high, and the defendant suffers from mental illness such as alcohol, etc., and is not good enough to health.

However, the Defendant had been punished several times with the same previous departments, and was sentenced to one year of imprisonment with prison labor due to the same kind of crime, and again committed the crime on March 10, 2019 only once a day after he was released from the Yananan prison, and on about four months, the risk of recidivism is high in light of the period and frequency of the crime, and the damage has not yet been recovered.

In addition, comprehensively considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime in this case, etc., the sentence imposed by the lower court is too uneasible and unfair.

3. According to the conclusion, the appeal by the defendant is without merit, and the prosecutor'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 the appeal is

(2) In light of the above legal principles, the defendant's appeal shall not be dismissed. (3) The defendant's appeal shall not be dismissed as long as the defendant's appeal is accepted by the prosecutor and the judgment of the court below is reversed. (4) The defendant's appeal shall be dismissed as alleged in the ground of appeal.