The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In light of the following: (a) although the amount of the fraud of the instant fraud is not so big that the victim did not properly recover from damage, it is recognized that the Defendant did not commit a crime; (b) the Defendant deposited 7.5 million won in order to recover part of damage; and (c) the Defendant appears to have been used for the actual purpose; (d) the Defendant did not have the same criminal power; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence, etc., the sentence imposed by the lower court against the Defendant is too unreasonable, and therefore the Defendant’s above assertion is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;