The judgment of the court below is reversed.

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

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (one year of imprisonment) is too unreasonable.

On the other hand, the defendant has many records of punishment for fraud, and 10 days after he was released from the crime even during the period of repeated crime due to habitual fraud, etc., and again committed the crime of this case. Therefore, the defendant's liability is not easy.

However, considering the fact that the amount of damage caused by the crime of fraud is too large and that the degree of obstruction of performance of official duties is not more serious, the fact that the defendant repents and reflects the defendant's mistake, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, the sentencing of the court below is somewhat unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;