The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

On August 30, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the Changwon District Court's Jinju branch on August 30, 2016 and was sentenced to eight months of imprisonment due to fraud, etc. on February 20, 2017. In addition, the Defendant committed each of the instant crimes even during the repeated crime period after the execution of the sentence was terminated, and was sentenced to several punishments

The Defendant failed to repay the amount of damage caused by the instant fraud and theft crime.

At the time of committing the instant drinking driving, the Defendant’s blood alcohol concentration is 0.197% and its numerical value is relatively high.

The conditions favorable to the defendant shall be as follows:

The Defendant is against all the Defendant’s confession of each of the crimes in this case.

The amount of damage caused by each of the frauds and larcenys in this case is relatively minor.

In addition, in full view of the records of this case, such as the defendant's age, environment, health conditions, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the punishment sentenced by the court below 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 reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment 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 relevant Criminal Act (the point of each fraud), Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.