The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in this case, around September 18, 2019, and September 2019.

1. Summary of grounds for appeal;

A. Of the facts constituting a crime as indicated in the judgment of the court below, Nos. 1 (5) a year of crime sight list No. 1 (hereinafter referred to as "crime sight list omitted and specify only once a year) among the facts constituting a crime as indicated in the judgment of the court below are sent to the defendant and T if the injured party exceeds the accident that exceeds one million won, the defendant must pay to the defendant. Nos. 6 and 7 are sent to the defendant with the victim after drinking together with the defendant.

Therefore, the above part does not constitute fraud.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. On July 9, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on July 9, 2020, and the said judgment became final and conclusive on November 27, 2020.

Since each crime of the judgment of the court below against the defendant and the above larceny, etc., for which judgment of the court below became final, are concurrent crimes of a group after Article 37 of the Criminal Act, the punishment for each crime of this case shall be determined by taking into account the equity in the case where the judgment is to be rendered at the same time pursuant to the main sentence of

In this regard, at the trial of the party, the prosecutor applied for changes in the indictment to add "Article 37 of the Criminal Act, Article 39 Paragraph 1 of the Criminal Act" as stated below to the records of the crime among the facts charged in this case, and the court permitted this.

Accordingly, the judgment of the court below cannot be maintained as it is.

However, the judgment of the court below has such reasons for reversal.

Even if the defendant's assertion of mistake of facts is still subject to the judgment of this court, the following is examined.

3. Judgment on the assertion of mistake of facts

A. On September 18, 2019, the summary of the facts charged in this part of the charges stated that the Defendant provided the victim D with a false statement that “The Defendant would pay the victim money immediately.”

However, in fact, the defendant did not have any specific income and property and received the amount from the injured party, expenses for gambling and repayment of debts.