The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 (six months of imprisonment) is too unreasonable.

2. In light of the frequency and methods of the determination of the crime, there are unfavorable circumstances such as the bad quality of the crime, and the damage caused by the fraud has not been recovered.

However, considering the favorable circumstances, such as the fact that the defendant was committed, and the defendant was detained for less than five months in this case, and that the victim was not punished by the defendant in the trial, that the victim was not punished by the defendant in consultation with the Dispute Resolution Co., Ltd., which is the victim in the trial, the victim was not punished by the defendant, that the victim's mobile phone was returned from the guarantee insurance company, and the defendant's age, character and behavior, environment, motive, means and result of the crime in this case, and all of the sentencing conditions in the argument in this case, such as the circumstances after the crime, it is judged that the punishment imposed by the court below is unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Discied Judgment】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as indicated in the corresponding column of the original judgment, except for the deletion of “victims” in the 3rd of the facts constituting the crime of the original judgment. Thus, all these facts are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) (the point of occupational embezzlement), 347 (1) (the point of fraud), and 329 (the point of larceny) of the Criminal Act concerning the crime and the choice of punishment, respectively, and the choice of imprisonment with prison labor;

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 (Consideration favorable circumstances in the front);