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 two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged to the purport that the defendant would repay money within a short period when he/she lends money to his/her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

However, in full view of the following facts: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) the Defendant paid the amount of damage to the victim late after the pronouncement of the judgment of the court below; (c) the Defendant did not want to punish the Defendant; (d) the Defendant’s primary offender without any criminal power; and (e) the Defendant’s age, character and conduct, environment, motive and background leading to the crime; (e) the means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court are identical to each corresponding part of the judgment of the court below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Article 347(1) of the Criminal Act concerning the choice of punishment, and the Criminal Act concerning the suspension of the execution of choice of imprisonment;