The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Although there are conditions unfavorable to the defendant, such as the fact that the amount of deception obtained is not less than 40 million won, the damage amount is not too small, the defendant is against the defendant, and there is no record of punishment for the same kind of crime, the defendant's character, environment, age, relationship with the victim, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is unreasonable, taking into account all the circumstances that are the conditions of sentencing appearing in the records, such as the defendant's character, environment, age, relationship with the victim, motive and circumstance of the crime, the means

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows. The summary of the evidence is cited in the judgment of the court below, except where the defendant's statement "1.1. defendant's statement in court" is deemed "1.1. defendant's trial statement" and it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);