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 for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The crime of this case, even though the defendant did not have the intent or ability to normally pay the cost of installing the event equipment to the victim, is false as if the injured person installed the event equipment, and thereby, by deceiving the pecuniary gain equivalent to KRW 42 million from the injured person, which is equivalent to the sum of the cost of the above installation, is not good and the crime is not committed.

Although the defendant has already been punished for a crime of fraud nine times (including two times of imprisonment with prison labor) the criminal history of the same crime has already been committed, the defendant committed the crime of this case.

On the other hand, the defendant was committed in the court at the time of the crime of this case, and the defendant seems to have violated his depth by living under custody for a period of four months.

In the past, the defendant paid 20 million won out of the amount of damage to the victim and the victim did not punish the victim in agreement with the victim.

In full view of the above circumstances unfavorable to or favorable to the defendant, such as partial recovery of damage caused by the trial, and change of circumstances such as the victim’s expression of intention not to punish the victim, and all other factors of sentencing as indicated in the arguments of this case, such as the defendant’s age, sexual conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, the punishment sentenced by the court below is unreasonable.

Defendant’s assertion is with merit.

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, and the judgment below is reversed and it is again decided as follows

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 cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.