The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflected in the determination of the grounds for appeal (unfair assertion).

However, the court below calculated the range of recommended sentencing guidelines based on the sentencing guidelines of the Supreme Court's sentencing guidelines of the crime of this case between October and March 6, 2006, while the court below calculated the range of recommended sentencing guidelines based on only the sentencing guidelines of the crime of this case among the crime of this case, since the crime of this case was committed by fraud and larceny since it was sentenced to seven years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) and special larceny on March 29, 2006, and there was no circumstance to deem that there was no agreement with the victims up to the trial, and there was no other reason to deem that there was no other measure to recover damage.

Each fraud [Determination of Punishment] shall be based on the following circumstances: (a) types 1 (less than KRW 100,00) [the scope of the recommending area and the recommended punishment] basic areas of fraud; (b) types 2 (general larceny) [the amount of aggravated punishment] of larceny for general property in six months to one year and six months; (c) the weighting factors of the larceny for general property; (d) the increased area of repeated crimes (the scope of the recommending area and the recommended punishment); (e) imprisonment with prison labor for 10 months to two years; (b) imprisonment with prison labor for 10 months; (c) three months to six months; and (d) various sentencing factors indicated in the records, such as the defendant’s age, character and conduct, family relations, the circumstances and motive of the crime; and (e) the circumstances after the crime, etc., the imprisonment with prison labor (six months) declared by the court below is deemed unfair.

2. Conclusion.