The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. On April 7, 2016, the Defendant: (a) completed the execution of imprisonment with prison labor and the custody of an unpaid fine on the same kind of crime; and (b) released the Defendant from prison in a female prison; and (c) committed the instant fraud again in the same manner as the instant crime was committed only ten days after release.

In light of the criminal facts of the defendant and the criminal facts of the past committed, the sentence of heavy punishment seems to be inevitable to achieve the preventive purpose of the defendant's punishment.

However, the amount of damage caused by the instant fraud was small, and the Defendant agreed with the victim in the first instance.

In addition, the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc. as shown in the arguments in this case, and the first crime (Fraud) in accordance with the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of recommending punishment) [the scope of general fraud] in the basic area (the area of less than KRW 100 million) (one to one year and six months), the basic area (the area of imprisonment with labor for less than six months) (one hundred million to one year) [the person subject to special mitigation] in the category 1 (the scope of recommending punishment] and the second crime for the same repeated crime (Interference with business] [the scope of recommending punishment] in the basic area (the scope of six months to one year and six months) [the scope of punishment] in accordance with the category 1 (Interference with business] in the Act on Interference with Business: Imprisonment with prison labor for a majority of crimes that do not exist: six months to two years and six months; it is deemed unfair that the court below sentenced the defendant to a certain punishment against the defendant.

Therefore, the defendant's argument is justified.

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.

【Grounds for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court.