The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Judgment

Although the amount of fraud in this case is not a large amount, the defendant did not have a criminal record except for the case where he was sentenced to a fine of one million won in 1999 in the same crime, and there is a misunderstanding, the defendant paid 31 million won in the court below to the victim, the defendant paid 31 million won in the court below to the victim by promising payment in installments at the court below, and agreed with the victim by promising payment in installments, and all other sentencing conditions of the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are inappropriate.

Thus, 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 reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court 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 applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);