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. In determining whether the Defendant took part in the instant crime by abusing the social insurance system and received a false substitute payment, there are unfavorable circumstances, such as the fact that the damage was not recovered.

However, the defendant's mistake is recognized and speaked against the defendant, and the defendant entered a bath to the ordinary friendly arrest D, and took the direction and direction of him. The case also takes part in the whole crime such as D's plan, implementation, direction, etc., and most of profits, while the defendant took part in the crime in the position of the business owner in his name, he appears to have not been able to gain profits from the crime in this case. The defendant is a first offender with no criminal punishment so far, and has been detained for more than four months due to the crime in this case, and other factors revealed in the argument in this case such as age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., it is deemed that the punishment of the court below is too heavy.

3. 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. Articles 347(1) and 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 28(1)1 of the Wage Claim Guarantee Act, Article 30 of the Criminal Act, Article 28(1)2 of the Wage Claim Guarantee Act, Article 28(1)2 of the Criminal Act, Article 30 of the Criminal Act, Article 28(2)2 of the Wage Claim Guarantee Act, Article 28(2)2 of the Wage Claim Guarantee Act, Article 30 of the Criminal Act, the submission of false documents for a substitute payment.