The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is inappropriate in full view of various circumstances, including the fact that the amount of fraud by the crime of this case was not specified as KRW 16 million and the defendant did not recover from damage for a long time, and that there was a record of being sentenced to a fine twice as a crime of fraud, etc., but the defendant recognized the crime of this case and reflects his mistake in depth. The defendant paid the victim the total amount of the money obtained by the victim in the judgment of the court below, and the victim did not want the punishment. The victim did not have any history of punishment heavier than a fine since he was sentenced to a fine for six months in the crime of embezzlement around March 201, and there was no history of punishment heavier than a fine since he was sentenced to a punishment for embezzlement. The defendant is aged and health condition of the defendant, as well as other circumstances that are conditions of sentencing as specified in the argument of this case, such as age, character and conduct, environment, and conditions before and after

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. 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;