The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. As to the sentence of one-year imprisonment sentenced in the original judgment on the summary of the grounds for appeal, the accused asserts that it is too unreasonable for the prosecutor to go too unfied and unfair, and that the prosecutor is too unfied.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The circumstances are acknowledged such as the defendant's active deception method, the amount of fraud is up to 80 million won, the defendant committed the crime of this case during the period of probation after being sentenced to a suspended sentence of imprisonment on account of the crime of bodily injury in 2015. However, the defendant's attitude to recognize and reflect the defendant's mistake is taking, the defendant pays the amount of damage in the trial and agrees with the victim so that the damaged person does not want the punishment of the defendant, there is no record of the same crime, and the defendant was punished two times as the crime of this case except for the criminal record of the suspended sentence, and the defendant was already detained for more than two months in this case, and all other circumstances such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime are considered, it is too heavy.

The decision is judged.

3. As such, the Defendant’s appeal is with merit. Accordingly, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered following the pleadings ( insofar as the lower judgment is accepted and the lower judgment is reversed by accepting the Defendant’s unfair assertion of sentencing, the Prosecutor’s appeal is not separately determined in its text). The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the corresponding part of the lower judgment, and thus, it is acceptable as it is

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);