The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. The instant crime does not constitute a crime because the method of the instant crime is inadequate and the amount of fraud is not so big.

However, in full view of the following circumstances: (a) the Defendant reflects his own criminal conduct in depth; (b) the Defendant has a time of self-esteem during the period of detention for about two months; (c) the victim and the victim have reached an agreement early in the trial; and (d) the Defendant has no particular criminal records other than the offense committed once in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 192; and (c) the Defendant has no criminal records other than the Defendant’s age, character and conduct, environment, relationship to the victim, motive and consequence of the offense; and (d) the circumstances after the commission of the offense, etc., the sentence of the lower court is deemed unfair

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

[Discied 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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;