The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant was sentenced to two years of suspension of the execution in the Incheon District Court on May 8, 2009 to be punished for fraud, and the defendant committed again the crime of this case of the same kind after the termination of the suspension period, etc., which were unfavorable to the defendant, or the fact that the defendant committed another crime of this case after the termination of the suspension period, etc., but the defendant's mistake is recognized, and the defendant deposited the damaged amount of KRW 18 million out of the damaged amount for the victim in the trial, and other circumstances that are favorable to the defendant, such as the conditions before and after the crime of this case, the age, character and conduct of the defendant, and the environment, the punishment that the

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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