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 one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The judgment is based on the facts stated by the court below in light of the method of crime and the amount of fraud, as shown in the circumstances unfavorable to the defendant. However, the defendant has no specific penalty power except for the punishment imposed once by a minor fine. In addition, there are not only the circumstances that lead to the crime of this case and the circumstances that lead to the crime of this case are considered in depth, but also the circumstances that lead to the crime of this case, which led to the crime of this case, have been agreed with the victim and the victim so that the victim would not be punished against the defendant. In addition, considering all other factors such as the defendant's age, character, character, family environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, the court below's punishment is deemed to be unfair because it 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.

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;