The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence sentenced by the lower court to the Defendant (ten months of imprisonment) is too unhued and unreasonable.

2. In light of the circumstances that are favorable to the defendant, such as the circumstance unfavorable to the defendant, the fact that the defendant is a person who has been punished for the suspension of the execution of imprisonment for the same kind of crime, the fact that the defendant is a person who has been punished for the suspension of the execution of imprisonment for the same kind of crime, the fact that he/she is willing to acquire a total of KRW 100 million from two victims who do not have the right to operate the restaurant, and that the amount of fraud is not good and that the amount of fraud is a considerable amount of money, etc., or that he/she acknowledges his/her mistake, and that he/she fully repaid the amount of damage and agreed with the victims and victims, and other various circumstances that are favorable to the defendant, such as the motive and circumstance leading to the crime in this case, the situation before and after the crime, the age of the defendant, character

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted 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 punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the preceding);