The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime of this case is an unfavorable circumstance where the Defendant obtained a high interest rate loan to a victim by using trust relationship or obtained a joint and several surety, and the crime is not good, and the amount of fraud is not substantial.

However, there are favorable circumstances such as the fact that the defendant recognized each of the crimes of this case and reflected the mistake, that the victim does not want the punishment of the defendant under the agreement with the victim in the trial, and that the defendant does not have any record of punishment for the same crime.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.

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, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. As seen in the part on the assertion of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as per the disposition shall be determined in consideration of various circumstances as seen above.