The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to be a financing bill, but it is necessary to strictly punish the defendant, since the crime of this case was committed by deceiving the defendant as if the defendant was a financing bill, and acquired pecuniary benefits from the recipient, and received money equivalent to the difference after deducting the above exemption amount from the face value of the bill, such as receiving the money from the victim.

However, in light of various circumstances, such as the confession of the instant crime from the court below to the trial court, and the Defendant and the victim against their mistake, the Defendant and the victim have been engaged in transactions from the previous to the time, and the intent of deception was not excessive due to the commission of the instant crime that occurred in the course of transaction, and the Defendant attempted to transfer his claim against his customer to the victim, etc., and the Defendant made a serious effort to recover from damage. In the past, in the trial, the victim was recovered from damage and the victim did not want punishment against the Defendant by mutual consent with the victim, and other various circumstances, such as the character, conduct, environment, age, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;