The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case leads to eight times the number of defraudation.

On December 18, 2017, the Defendant was sentenced to a two-year suspended sentence for occupational embezzlement, etc. by the District Court of Jung-gu on June 27, 2017, and committed the instant crime again even if he is under suspended sentence due to the previous conviction for which the judgment became final and conclusive.

These circumstances are disadvantageous to the defendant.

Meanwhile, even though it is difficult to say the total amount of damage caused by the instant crime as a small amount of KRW 9,071,700, it is difficult to view that the lower court’s punishment is reasonable.

The defendant's denial of a crime in the court below is a result of not properly understood the meaning of the crime of fraud.

As a result, the negative effect that is reflected in the sentencing is judged to be annulled by the defendant's confession of the crime of this case and his attitude to reflect it.

In addition to the above previous convictions, the Defendant only received a fine of KRW 3 million due to drunk driving in 2015.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the punishment of the court below 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below cited each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act, except where the "part of the defendant's statement" in the first sentence as "court statement of the defendant" in the "court statement of the defendant."