The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The gist of the grounds for appeal by the defendant is that the punishment sentenced by the court below (two months of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are deemed to be too uneased and unreasonable.

2. The conclusion is that the Defendant committed the instant crime during the period of repeated crime due to fraud, during the suspension of the execution period due to fraud, and while being tried due to fraud, etc., and that the total amount of damage exceeds KRW 53 million is disadvantageous.

However, the court below's punishment is somewhat unreasonable in full view of various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed) and the defendant's appeal is again decided as follows

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows. Except where the court below’s partial statement “1. Defendant’s oral statement” in Part 7 of the judgment of the court below is deemed as “1. Defendant’s oral statement”, it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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