The remainder of the judgment of the court of first instance, excluding a compensation order, shall be reversed.

The punishment of the accused shall be ten months of imprisonment.

1. The summary of the grounds for appeal is unreasonable. 2. The judgment of the court of first instance, although there was a criminal record of conviction of the defendant two times of suspended sentence for a crime similar to a similar type of crime, the court of first instance agreed with the victim'sO in the judgment, and the victim's F and the defendant have reached an agreement smoothly with the victim in the trial. In addition, the sentence sentenced by the court of first instance is deemed to be too unreasonable considering the various conditions of sentencing indicated in the argument of this case, including the amount of fraud of this case, the defendant's age, character and conduct, family circumstances, motive and circumstance of the crime,

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, 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 (including the provision of paragraph (1) of the same Article), which is applicable to the relevant criminal facts and the choice of punishment (the choice of imprisonment with prison labor). 1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which increases the number of concurrent offenses, Article 62(1) of the Act on Suspension of Execution (which does not constitute grounds for disqualification for suspended sentence against the accused, and circumstances favorable to the above), Article 62-2(1) of the Social Service Order Criminal Act.