The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. In light of the fact that the instant crime committed by the prosecutor is not good for the nature of the crime, the damage to the victim was not properly realized, and the crime committed in this case even though there was a previous conviction in the same kind, the punishment sentenced by the court below is too unreasonable.

2. The judgment of the court below is a criminal record, which has been sentenced once to a fine of the same kind, and the amount of fraud is relatively high to 15 million won, which is relatively high to the extent that the above damage has not been recovered until the judgment of the court, but is disadvantageous to the defendant, or the fact that the defendant led to confession and reflects the crime of this case, that part of the damage has been recovered and agreed with the victim, that the defendant has not been subject to a fine of the same kind of criminal record in around 197, and that there is no other criminal record except for the defendant who was sentenced once to a fine of the above kind of criminal record, and that there is no other criminal record other than the defendant's age, character and behavior, environment, circumstance and result of the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, such as the situation after the crime, since

3. As such, the defendant's appeal is justified, and the judgment of the court below is reversed and it is again decided as follows.

(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and the judgment of the court below.”

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The Criminal Act, the suspension of execution;