The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

provided that this ruling has become final and conclusive.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for four months of imprisonment, two years of probation, and eight hours of community service order) is too unhued and unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges his mistake, that there is no criminal records that are the same type of the case or beyond the fine in this case, that the defendant acquired profits, that is part of the amount obtained by the defendant, and that the defendant returned 18.7 million won out of the damaged amount to the party, the crime of this case is not good, which is a conclusive fraud in which several persons share the money (20 million won) acquired by taking advantage of the right to operate the restaurant, and the crime of this case is committed by several persons, and is not good, it appears that the defendant led the crime, and most damage amount is not recovered for four years after the crime, and is unfavorable to the defendant, taking into account other circumstances, such as the motive and circumstances leading the crime of this case, the situation before and after the crime, the age, character and behavior of the defendant, occupation and family relationship, etc., the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered in favorable circumstances in the preceding);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;