The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. The lower court determined the sentence by taking account of the fact that the Defendant was committed the instant crime, the fact that the Defendant partially recovered damage, the amount of fraud and the circumstances leading to the crime.

However, in full view of the following factors: (a) the Defendant’s additional damages were recovered in the appellate trial and agreed with the victim; (b) the victim sought a preference against the Defendant; (c) there was no record of punishment for the same kind of crime; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court’

Therefore, the defendant's argument is justified.

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

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice of punishment, and the choice of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.