The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is excessively unreasonable.

2. As the Defendant acquired a lot of money from the victim D of the crime of fraud, and interfered with the State’s criminal jurisdiction by deceiving K, the Defendant shall be subject to strict punishment corresponding to the liability for the crime.

However, the sentence of the court below is somewhat heavy in consideration of all the conditions of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive or background, means and consequence of the crime, and circumstances before and after the crime, etc., it seems that the sentence of the court below is somewhat excessive, considering the following: (a) the defendant was committed by the crime in this case; (b) the victim D and the defendant have agreed smoothly with the victim of the crime in fraud; (c) his family members and branch members have been subject to a fine twice due to fraud and injury; and (d) the defendant has no record of being sentenced to a fine twice due to fraud and injury.

3. Accordingly, 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 well-grounded, and the following is ruled again.

Criminal facts

In addition to the addition of “1. Defendant’s trial statement” and “1. Criminal Complaint” to the summary of the evidence of the lower judgment, the summary of the criminal facts and the summary of the evidence is identical to each corresponding column of the lower judgment. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act (Fraud), Article 156 of the Criminal Act, and choice of imprisonment for a crime;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);