The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance, such as the fact that the defendant who was in a bad credit standing deceivings the victim and defrauds the money, and that there is a heavy liability for the crime, and that the amount of defraudation is not certain due to the crime during probation

However, in light of the following factors: (a) the Defendant has already divided his/her mistake in depth; (b) the victim has paid the amount of damage to the victim and the victim has not been punished for the defendant; (c) the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court is from January to January of the term of imprisonment with prison labor; (d) the type of fraud crime group 1 (less than KRW 100 million); (e) general fraud type 1 (less than KRW 100 million); (e) special penal persons (in cases where the penalty is not imposed or considerable damage has been recovered); (e) decision on the recommended area; (g) the scope of the recommended area; (e) the main reasons for the suspension of execution (i) the reason for the suspension of execution (i.e., pride: the source of punishment; (iv) the recovery of considerable damage); (v) the suspension of execution; and (v) other various sentencing conditions such as Defendant age, character and behavior

As the defendant's appeal is well-grounded, 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.

Criminal facts

Criminal facts and summary of evidence against the defendant recognized by this court shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;