The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) that the court below sentenced against the defendant is too unreasonable.

2. Determination

A. The court below rendered a judgment of acquittal on May 20, 2005 regarding the fraud of the facts charged in the instant case on the grounds that the statute of limitations has expired, and sentenced the remainder of the facts charged. Since only the defendant filed an appeal against the conviction of the court below, the acquittal part of the court below's judgment was separated and determined after the lapse of the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction of the judgment below.

B. The crime of this case in determining the grounds for appeal is an unfavorable circumstance to the defendant, even though the defendant was unable to conclude the contact with the defendant at the time of the crime of this case, it is not good to commit the crime by deceiving the money from the victim when concluding the contact with the defendant. A certain portion of the damage amount has not been recovered until two years have passed since the crime of this case, even though the defendant had been sentenced to a suspended sentence of imprisonment for three times for the same crime, he again committed the crime of this case in spite of the fact that the defendant had been sentenced to a suspended sentence of imprisonment for three times for the same crime, and there are many other records of having been punished

However, when the defendant was in the trial, the defendant appeared to have committed the crime of this case, and the defendant paid 15 million won in total as the final profit and interest on September 30, 201 and October 11, 201, immediately after borrowing 50 million won from the victim. The court below deposited 17 million won in the victim's future, and made efforts to recover damage in part, such as making an additional deposit of 5 million won in twice in the trial, and making efforts to recover damage in part, such as the fact that the defendant supported the parent in the old age, and that the defendant supported the parent in the old age, other favorable circumstances such as the defendant's age, character and environment, and environment.