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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal (one year of suspended sentence for six months of imprisonment, one year of probation, and 80 hours of community service) declared by the court below is too uneasible and unreasonable.
2. We examine the following facts: (a) the Defendant led to the instant crime; (b) the Defendant’s confession of the instant crime as the latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the equitableness with the case where the sentence is to be pronounced at the same time as the crime indicated in the judgment; (b) the amount of damage caused by the instant fraudulent act is not a considerable amount of KRW 46 million; and (c) the lower court sentenced to imprisonment for six months in consideration of the fact that the Defendant is able to pay the amount of damage after completing public service; (d) the Defendant suspended the execution of the sentence for six months; and (e) even in the first instance trial, the Defendant paid considerable time after the conclusion of pleadings because he was able to repay the damage or agree with the victim because some of the amount of damage was still not repaid; and (e) it appears difficult for the Defendant to expect that the victim will recover the damage to the victim in the future; (e) the Defendant was punished by a fine not less than five times and one criminal convictions; and (e) the Defendant’s age, etc.
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 prosecutor's appeal is well-grounded, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Criminal facts;