The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

except that this judgment.

1. The summary of the grounds for appeal is unreasonable. 2. The defendant's mistake was divided in depth, and the victim did not want criminal punishment against the defendant, and on November 3, 2012, the defendant's age, character and behavior, family character and family character, motive and circumstance of the crime, and circumstances before and after the crime should be considered at the same time as the crime of fraud finalized on November 3, 2012. The defendant's punishment of one year and two months, which the court of first instance sentenced to, is too unreasonable considering various sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, family character, motive and circumstance of the crime, and circumstances before and after the crime.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1)1 of the Act on the Punishment of Concurrent Crimes and Article 347(1)2 of the Act on the Punishment of Concurrent Crimes (the latter part of Article 37, Article 39(1)1 of the Act on the Punishment of Concurrent Crimes (the former part of Article 37, Article 38(1)2 and Article 50 of the Act on the Punishment of Concurrent Crimes)