The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The Defendant had been punished for a fine for the same crime even before committing the instant crime.

The amount obtained by the defendant by deceit from the victim is about 15 million won.

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

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

The defendant has no record of criminal punishment exceeding the fine prior to the instant case.

After the judgment of the court below was rendered by the defendant, 80% of the amount of damage is repaid to the victim and the victim is not punished by the defendant in consultation with the victim.

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

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. The decision of the suspended sentence shall be made in the same manner as the order, taking into account the various circumstances as seen in the judgment on the grounds for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the judgment on the grounds for appeal as above).