The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

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

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the crime of this case is committed by deceiving the loan by abusing the loan system of the deposit money, and the nature of the crime is not good, and the defendant is not easy to participate in the crime by taking charge of a fraudulent lessor's role, such as taking part in the crime, and the amount of fraud is considerable to KRW 59 million.

However, the Defendant recognized the instant crime and is in profoundly against the Defendant, and there is no criminal record other than the one-time fine due to the instant crime, and the Defendant’s actual profits from the instant crime are relatively less than KRW 2.5 million.

It appears that the court below made a deposit of KRW 7 million in total, including KRW 2 million in the court below and KRW 5 million in the case for the victim, and the fact that the crime of this case appears to have been committed in an economic difficult situation, and that there is a family member to support the victim.

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. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (amended by Presidential Decree No. 1720, Feb. 1, 201);

1. The community service order under Article 62-2 of the Criminal Act