The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The crime of this case is considered to be disadvantageous to the defendant, such as the fact that it is not good to the nature of the crime by deceiving the victim who was close to the defendant, or by using the money owned by the victim in mind, and that the profit acquired by the defendant is a large amount.

On the other hand, however, the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, that the injured person wants to leave the defendant's preference by agreement with the victim in the trial of the party, and that there is no record of the same punishment for the defendant, etc. are favorable to the defendant. In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment seems to be somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 347-2 of the Criminal Act; Article 355(1) of the Criminal Act; Articles 355(1) of the Criminal Act; and choice of imprisonment for a crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment and punishment shall be aggravated for concurrent crimes prescribed in the most severe fraud);

1. The sentencing is based on Article 62(1) of the Criminal Act (it takes into account the circumstances favorable to the defendant in the above Article 62(2)).