The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination is not only that the defendant has been punished several times due to the crime of fraud caused by the misappropriation, but in particular, even though the period of repeated crime caused by the same crime is over the period of repeated crime, the fact that it is highly likely to debris the crime of the misappropriation of this case is disadvantageous to the defendant.

However, in light of the favorable circumstances, such as the Defendant’s recognition of the instant crime, the Defendant’s attitude to reflect the instant crime, the amount of damage therefrom is relatively minor, and the Defendant agreed to pay KRW 200,000 to the victim in the first instance trial, and other favorable conditions of sentencing as indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, background and method of the instant crime, circumstances after the commission of the instant crime, and criminal record, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by sentence: Imprisonment for not more than 20 years;

2. Scope of fraud crimes, general fraud, type 1 (less than KRW 100 million), basic area (limited to six months of imprisonment to one year, one year and six months of imprisonment, and the same repeated crime, and no penalty shall be imposed);

3. In full view of all the circumstances constituting the conditions for sentencing as shown in the records and arguments of this case, including the circumstances considered in the judgment on the grounds of appeal for the sentence of sentence.