The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is clear that the Defendant committed the instant crime even though he/she had been punished several times due to the instant crime, such as having been sentenced to one year of imprisonment for a crime of fraud in 2002, and that he/she committed the instant crime, etc., which should be considered as important in the instant sentencing.

However, the amount of damage to the crime of this case is about KRW 10 million, and the defendant does not want the punishment of the defendant by agreement with the victim in the trial of the party, and the defendant used actively deceptions in light of the circumstances of the crime of this case, etc.

The fact that it is difficult to see the Defendant’s mistake, and the Defendant’s attitude to recognize and reflect the Defendant’s mistake, the equity in the case of concurrent crimes in the judgment of the court below, which is a single concurrent crimes after Article 37 of the Criminal Act, should be taken into account. As seen earlier, the Defendant, who was punished as a crime of fraud in 2002 and did not commit the same crime for about 10 years until the crime of this case was committed, should take into account the circumstances favorable to the Defendant.

When taking into account the above circumstances and other circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, and the record of the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

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 the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act, the suspension of execution;