The judgment of the court below is reversed.

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

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

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the amount of fraud of this case is not small, and that the defendant committed the crime of this case without being aware of the fact that he was sentenced to a fine or suspended indictment for the same crime is disadvantageous to the defendant.

However, considering the fact that the defendant is divided into his own crime through the life of two months of detention, the fact that the defendant wanted to take the defendant's wife by agreement with the victim in the trial of the party, that the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment, that there is no record of the defendant's health, that there is no record of the defendant's health status, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, character and environment, which are shown in the records and arguments in this case, it is judged that the sentence of the court below against the

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.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act comprehensively including relevant Articles of the Criminal Act and the choice of punishment. Article 347 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on Suspension of Execution;