The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant acquired a considerable amount of money from the injured party to a total of 28.68 million won through 14 times, and the crime of this case is not good, and the amount of the defraudation is a large amount and has not yet been fully restored.

However, there are favorable circumstances, such as the fact that the Defendant fully recognized the instant crime and reflects the mistake, the fact that the Defendant repaid 15 million won out of the amount of the defraudedation to the victim in the original judgment and the trial court, and that the Defendant did not have any criminal record exceeding the same criminal record or fine, etc.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is somewhat inappropriate and deemed unfair.

Therefore, the defendant's argument is justified.

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

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as determined in the above 2.1) (the scope of recommendation) of the suspended sentence [the scope of recommendation] under the mitigated area (one month to one year), (the person subject to special mitigation] under the mitigated area (one month to one year), or where considerable damage was restored (the decision of sentence is rendered] under the sentence, and the punishment is determined as ordered in accordance with the reasons for sentencing as determined in the above 2.2.