The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The Defendant’s finding that the amount of damage caused by each of the instant crimes is not certain is disadvantageous to the Defendant.

However, the court below deposited 40 million won for the victim in the court below, and the defendant deposited 28,839,900 won for the victim in the court below, and the full amount of the remaining damage (28,839,900 won for the Republic of Korea on December 20, 2016, and 4.5 million won for the Gu office of Seo-gu Incheon Metropolitan City on December 21, 2016, and 5,680,00 won for social welfare foundation E). In addition, the defendant paid 15,00 won for the operating expenses of the D childcare center operated by social welfare foundation E at his own expense. Further, the defendant led to confession of all of the crimes of this case, and appears to be divided in depth. In addition, the defendant's age, sex, motive, means and consequence of the crime of this case, as well as the circumstances after the crime, etc., the court below's assertion that the defendant's punishment is unfair is justified.

3. In 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 defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 347(1) of the same Act, Article 30 of the Criminal Act (including fraud, and each victim), Articles 356, 355(1), and 30 of the Criminal Act, the choice of imprisonment with labor, respectively, for the crime;

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

1. As to the Defendant prior to the reasons for sentencing under Article 62(1) of the Criminal Act.