The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The punishment (four months of imprisonment) of the lower judgment on the gist of the appeal is too heavy.

2. In full view of all the favorable sentencing factors, including the following: (a) the judgment of the court below; (b) the fraud amount was the total of 16 million won; (c) the crime was committed during the suspension period of the execution of imprisonment with prison labor; (d) the defendant led to the confession of the crime; and (e) the victim agreed with the victim at the time of the trial; and (e) the victim was willing to leave the Defendant’s wife; (b) the victim did not have the same criminal record; and (c) the reason for favorable sentencing; (d) the defendant’s age, family relationship; (e) the economic situation; (e) the process and motive leading to the crime; and (e) other matters on the sentencing as indicated in the records and the theory

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the gist of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 57 of the Criminal Act including the number of days of detention in prison;