The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

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. Although it is clear that the defendant could not guarantee the period of saleroom occupants, there are circumstances unfavorable to the defendant, such as the fact that the defendant received money under the name of the tenant, the amount of money acquired through deception is not much, and the defendant had the same record of being subject to criminal punishment for fraud even in 2009. However, the defendant's mistake is recognized, the court below made an additional repayment of KRW 5 million to the victim, and the defendant agreed to pay the remainder in installments for a certain period of time, and the defendant agreed to pay the remainder in installments, and there are no criminal records beyond the fine prior to this, and taking into account all other circumstances that are favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, circumstances before and after the crime, the defendant's age, character and conduct, occupation, occupation, and family relationship, the punishment imposed by the court below is somewhat unreasonable.

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

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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the preceding);