The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months sentenced by the court below is too unreasonable.

2. The Defendant did not know the grounds for appeal and runs counter-infinitely his mistake.

In the trial, some of the damages (20 million won) were paid to the victim and agreed with the victim.

was detained for a considerable period of time (71 days).

In this context, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. Although the applicant for the judgment on the application for compensation is applying for compensation equivalent to the amount obtained by deceit against the defendant, the applicant for compensation also has filed an application for compensation to the same effect in the court below and has been dismissed and confirmed.

Then, it is unlawful because it is re-written application for compensation of the same content as already confirmed.

(1) The court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below's decision is reversed pursuant to Article 364 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the defendant's appeal is dismissed pursuant to Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

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 stated in 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. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

1. Matters concerning dismissal of an application for compensation order, promotion of litigation, etc.;