The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The crime of this case in light of the means of deception, the scale of damage, the action immediately after the crime, etc. is not less than that of the crime.

Even though the Defendant had been punished for a crime of fraud, the Defendant committed the instant crime. However, the Defendant is against the confession of the instant crime.

In the past when the defendant is in the first instance, the victim does not want the punishment of the defendant.

The defendant has been able to live in prison for a certain period of time.

In full view of the above circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The scope of applicable sentencing under the law on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act: Application of sentencing guidelines (the scope of recommended punishment) for not more than 10 years (the scope of recommended punishment) shall be applied to the mitigation area (one to one year) (one month from January 1) [special mitigation person], and the decision of sentence shall be sentenced in cases where punishment is not imposed or considerable damage is recovered: 8 months from imprisonment and two years from suspension of execution shall be comprehensively taken into account various sentencing grounds for the above appeal reasons.