The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment is that the Defendant borrowed money several times using a personal trust relationship with the victim, and the crime is not good in light of the circumstances and contents of the crime, and the amount of the defraudation of this case exceeds KRW 99 million, and there is a criminal conviction of the same kind of fraud, and the Defendant repeatedly committed the crime of this case without being aware of it during the suspension period of execution due to the same kind of crime.

However, there are more favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the mistake in depth, that the court below deposited KRW 30 million for the victim, that the defendant paid a considerable amount of money to the victim in the trial, that the defendant agreed with the victim, that the defendant did not have been sentenced to a sentence, that the defendant did not have any previous conviction, and that the mother who suffered from the cerebral disability should not be able to gather her mother who suffers from the cerebral disability.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, the lower court’s punishment seems to be somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence