The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. In full view of all the circumstances, including the fact that the Defendant was punished several times in fraud due to theless taking-off type (one-time imprisonment, two-time suspension of the execution of imprisonment, six-time fines), the Defendant recognized the instant crime, and accordingly reflects his mistake, and the amount of fraud by the instant crime is less than 206,000 won; the Defendant repaid the victim with theless taking-off type of money at the trial of the Party; the Defendant paid the victim in advance, and the victim did not want the Defendant’s punishment by mutual consent; the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;