The judgment of the court below is reversed.

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

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

2. Ex officio determination

A. Article 328(1) applicable mutatis mutandis under Article 354 of the Criminal Act provides that the crime of Article 323 between lineal blood relatives, spouse, relatives living together, family members living together, or their spouses shall be exempted from punishment. The phrase “spouse” refers not only to the spouse of a family member, but also to both lineal blood relatives, relatives living together, and the spouse of a family member.

(See Supreme Court Decision 201Do1765 Decided May 13, 2011). B.

Judgment

In light of the relevant legal principles as seen earlier, according to the record of the crime of fraud against the victim B (2018 Godan4729), the Defendant married on November 23, 2017 with his/her father C of the victim B and the marriage relation certificate submitted by his/her defense counsel, and the Defendant was recognized to have been married on October 4, 2018. As such, the part of the fraud against the victim B (the part of exemption from punishment in this case) corresponding to the above marriage period among the fraud against the victim B (the part of exemption from punishment in this case) should be exempted from punishment.

Nevertheless, the judgment of the court below which found the Defendant guilty of the exemption from punishment of this case is erroneous in the misapprehension of legal principles as to relative precedent or by misunderstanding facts, which affected the conclusion

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment.