The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

The summary of the grounds for appeal (unfair punishment) of the original judgment (six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant, while having no capacity to pay the purchase price for the car with the agricultural credit card, obtained by defraudation of KRW 188 million by means of the agricultural credit card and the liability for the crime is not less severe, and that the defendant did not agree with the agricultural cooperative of the victim military.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) deposited KRW 5,300,00 for the recovery of damage in the course of the trial; (c) there is no particular criminal power other than sentenced to a fine twice due to the instant crime; and (d) deemed that the health condition is not good.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 6th to 1th six months, and the suspended sentence and sentence are possible both. The sentence of the court below is deemed to be unfair in light of all the sentencing conditions, including the type 1 (less than KRW 100,00), the group of fraud crimes, the group of special persons (less than KRW 100,000), the scope of the recommended sentence (basic area), the scope of the recommended sentence (from 6th to 16 months), the suspended sentence and the scope of the recommendation (basic area), the probation/actual sentence, the Defendant’s age, character and behavior, environment, the circumstances before

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);