The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) imposed by the court below is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant, who was engaged in the sales business of used cars, obtained the money received from the victim of pro-Japanese's used cars in the name of purchasing used cars or obtained the money under the above name as above, and it is not good that the crime is committed repeatedly by taking advantage of personal trust relationship, and there is no recovery of the victim's damage during a period of not less than five years after the crime of this case, and seven criminal punishment records, including the records of the two-time same crimes, are committed against the defendant.

On the other hand, the fact that the defendant repents and reflects his mistake, that the defendant bears the hospital expenses, etc. of the defendant, and the economic situation seems to result in the crime of this case, that the defendant agreed with the victim in the first instance, that the victim did not want the punishment against the defendant, that the defendant is undergoing the individual rehabilitation procedure and experienced economic difficulties, and that the defendant's club fees and figures want to take the defendant's preference against the defendant, etc. are not mitigated in family social benefits in favor of the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is followed after pleading.