The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The defendant, even though he did not have the intent or ability to take over the above loan from the victim even if he was given a loan in his name, he actively deceiving the victim as if he had such intention or ability, thereby deceiving the victim to take over 30 million won from the victim. In light of the contents of the crime and the amount of the fraud, the crime is not good.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

In 209, there is no record of criminal punishment other than the punishment of a fine imposed by a defendant for a violation of the Road Traffic Act (unlicensed Driving) in addition to the punishment of a fine.

When the defendant is in a trial, the victim has not been punished for the defendant by agreement with the victim.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

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 on the grounds that 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination as to the grounds for the above appeal under Article 62(1) of the Criminal Act (the favorable circumstances in determining the grounds for appeal).