The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant acknowledges and reflects the crime, and that the amount of defraudation by the crime of this case is not much high, and that the crime of this case is a concurrent crime of the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below where the judgment of this case becomes final and conclusive, and that the equity should be considered with the case that

On the other hand, the fact that there is no compensation or agreement on the victim, that the defendant has been punished for the same kind of crime, and that the defendant committed the crime of this case during the period of repeated crime due to occupational embezzlement is disadvantageous.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column 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 concerning criminal facts, the choice of punishment under Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the fact that the amount of fraud of the crime of this case is minor, and the principle of equity in the case that a judgment has been imposed concurrently with a crime of fraud which