The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant committed the instant crime during the period of repeated crime even though he/she had a criminal record of the same kind, and repeatedly committed the instant crime over a considerable period of time is disadvantageous to the defendant.

On the other hand, it seems that the amount of the fraud in this case is relatively small, and that he actively participated in the crime A, an accomplice, and that A, an accomplice, paid the victim KRW 7 million and agreed to recover most of the damage, etc. are favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and the defendant's appeal is reversed among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The scope of the sentencing guidelines [the scope of recommendations] of the general fraud categories 1 (less than KRW 100 million) and the basic area (one to one year and six months) [the person under special mitigation and mitigation] where considerable damage has been recovered / Where a repeated crime has been committed over a considerable period of time, the punishment as set forth in the text shall be determined in the event that the crime was committed repeatedly over a considerable period of time.