The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, additional collection 473,00 won) is too unreasonable.

2. Determination is a favorable condition that the defendant has yet to pay the amount of damage caused by fraud in full, and that the defendant has failed to reach an agreement with the victim, or that he/she has made a confession and made a misunderstanding, that he/she has no previous conviction, that he/she has deposited a total of KRW 17 million out of the amount of damage caused by fraud ( KRW 10.5 million in the original trial, KRW 6.5 million in the original trial), and that he/she has an opportunity to reflect by detention for at least two months.

In full view of these circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 (a) of Article 109 of the Attorney-at-Law Act related to the facts constituting an offense, Article 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 232 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act,

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);

1. Article 116 of the Attorney-at-Law Act;