The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine all the claims of unfair sentencing by the Defendant and the prosecutor regarding the grounds for appeal.

In light of the fact that the amount of the fraud of this case is not 28,000 US dollars, but the crime is not good because the defendant committed the crime of this case in the course of committing the crime of fraud of this case, but it is difficult to see that the defendant acquired money from the victim with malicious intent from the beginning from the beginning; the defendant paid the full amount of damage to the victim when he was in the trial; the defendant agreed to pay the full amount of damage to the victim; and the defendant was punished four times as a fine, but there was no significant record of punishment, the court below's punishment is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

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

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Article 347 (1) of the Criminal Act concerning the crime: The choice of imprisonment with prison labor, respectively;

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 (including favorable circumstances, etc. described in the preceding sentence);