1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Although the defendant had a record of having been punished several times as punishment for the same crime, he/she has repeatedly committed the crime of this case during the period of repeated crime due to the same crime. Of the crime of this case, he/she will have the nationality of the defendant.

The nature and circumstances of the crime are not good, and the amount of fraud by the defendant is reasonable, but it does not reach an agreement with the victims, by deceiving the victims to find employment or by deceiving them to receive a considerable amount of money from them as compensation.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and seriously reflects the Defendant’s mistake; (b) the amount embezzled by the Defendant is not so large; and (c) the Defendant agreed with the victim of the crime of embezzlement only; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “a statement made by the defendant in the court of first instance” to the first head of the judgment of the court below, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 355(1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor) of the Criminal Act for the crime and the choice of punishment (the point of embezzlement and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.