The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The amount of this case’s defraudation is 30 million won or more.

However, the defendant is the first offender, and in the trial, the defendant reflects his mistake in the trial, and only agreed with the victim.

In full view of these circumstances and various sentencing conditions shown in the argument of this case, the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of Second Instance】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, "1. The defendant's partial statement in court" in summary of evidence

1. The defendant's partial statement in the second protocol of trial;

1. Some prosecutor's protocol of interrogation of the defendant;

1. In addition to the deletion of the suspect interrogation protocol of the defendant by some police officers, and addition of the statement of the defendant in this court, it is identical to the 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 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In determining the grounds for appeal on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be determined as ordered by considering the aforementioned circumstances.