The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the first instance court is too unhued and unreasonable;

2. The Defendant, while making a confession of an offense, is against the wrongness.

The defendant's accusation did not lead to the prosecution and punishment for the defendant's intention, and the accused does not want the punishment of the defendant.

However, it is necessary not only to seriously threaten the legal stability of the crime to be avoided, but also to strictly punish it as a crime infringing on the national legal interest, which is a proper exercise of national judicial action.

Due to the defendant'sless accusation, the accused was a criminal suspect who acquired 70 million won or more by fraud and was at risk of being subject to severe punishment, and the investigation personnel of the country that should be concentrated in necessary places have been wasted.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of the crime, details and results, and all the sentencing conditions shown in the records and pleadings, the first instance court's punishment is too uneasible and unfair.

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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 of first instance. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Social service order under Article 62-2 of the Criminal Act;