We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The first deliberation penalty (10 months of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendant made a judgment against the Defendant’s mistake while making a confession of all the crimes.

Defendant has no record of criminal punishment except for a suspended sentence due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, 200.

In the first instance trial, the victim's agreement with L was reached, and the victim's agreement with the victim's private savings bank is not wanting to punish the defendant.

In this case, 40 million won was deposited at the court and the victim F was returned to the sum of 130 million won.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, background, details and results of the crime, and circumstances after the crime, the first deliberation punishment is too unreasonable.

Defendant’s assertion is with merit.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court of first instance. Therefore, it is accepted 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 and Article 347(1) of the choice of punishment (each fraud), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement, inclusive) of the same Act: Selection of imprisonment with prison labor for each of the following reasons:

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. The community service order under Article 62-2 of the Criminal Act;