The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

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

2. The crime of this case is committed by deceiving a considerable amount of KRW 50 million from the injured party, and the liability for the crime is not less weak, the injured party still desires to punish the accused, and the defendant is also bad in the circumstances after the crime, such as the lockedness of the judgment of the court below, etc.

However, in full view of the following facts: (a) the Defendant recognized his criminal act; (b) partly repaid the amount to the victim; (c) the victim received a seizure and collection order for the Defendant’s husband’s claim against the Defendant’s husband; and (d) the victim appears to have received considerable part of the amount of damage up to the first instance trial; and (d) the Defendant’s age, sex, family environment, motive and background of the crime; (c) the means and consequence of the crime; and (d) the application of the sentencing guidelines of the Supreme Court sentencing committee, including the circumstances before and after the crime, etc., it is recognized that the sentence imposed by the lower court is somewhat unreasonable.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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 Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud around September 9, 2010 with heavy circumstances);

1. The suspended sentence is imposed Article 62(1) of the Criminal Act (the favorable circumstances of the part on the grounds of appeal).