The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The following are the circumstances that are disadvantageous to the Defendant: (a) even though the Defendant already was sentenced to a fine or suspension of execution due to the same type of fraud, the Defendant repeated the instant crime; (b) in light of the background and content leading up to the instant crime; and (c) the method of committing the crime; (b) the crime is not good; (c) the amount of fraud exceeds KRW 30 million; and (d) the amount of fraud exceeds the sum of KRW 30 million; and (e) the Defendant did not take any measures

However, considering the fact that the defendant has divided his mistake, that part of the amount of damage has been repaid for the first time in the trial and that the victim has not been punished for the defendant, and other sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family environment, motive, means and consequence of the crime of this case, etc., the sentence of the court below against the defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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