The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant obtained the amount exceeding KRW 60,000 by deceiving the victim by deceiving the victim, and considering the scale of the damage and the method of committing the crime, it is necessary to give a warning to the Defendant.

However, in full view of the fact that the defendant was wrong and agreed with the victim with the help of the person who committed the crime, that the defendant's son, etc. filed a written application for a written application against the defendant who complained of his wife, and other conditions of sentencing as shown in the records, such as the defendant's age, character, conduct and environment, the sentence of the court below sentenced to the defendant is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

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

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

1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in light of the circumstances favorable to the defendant)

1. Article 62-2 of the Criminal Act on Probation (In light of the criminal records, character and conduct, environment, etc. of the accused, it is difficult to see that the risk of re-offending has been completely resolved, and probation is imposed on the probation officer's systematic management, supervision, etc., which will assist the defendant in preventing