The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

Although the crime of this case was committed by defraudation of KRW 55 million, the crime of this case is not easy, the defendant did not have any record of punishment except for the previous offense of this case and one time, and the defendant paid 31 million won to the victim in the trial of this case, and in the future, he promised to pay the remaining amount of damage to the victim in the future, and has divided the errors, and all the sentencing conditions of the records and arguments of this case, such as the defendant's age, character and behavior, environment, criminal background, circumstances after the crime, etc., are unfair.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as follows: 1. The summary of the court below's judgment is the same as the corresponding part of the court below's judgment, except for adding "the defendant's oral statement in the court of first instance" to the summary of the second evidence.

Application of Statutes

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);