The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The Defendant had committed the instant crime even though he had the same criminal record, which is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case and is against the law.

The defendant paid 4 million won to the victim additionally, and paid 13.5 million won out of the total amount of fraud 17.6 million won.

This is the circumstances favorable to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court on the Defendant is deemed to be unfair because it is too unreasonable, given that the sentence imposed by the lower court 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. On the grounds as examined in the determination of the unfair argument of sentencing prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence is determined as per Disposition.