The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The instant crime is not likely to be subject to criticism by deceiving the victim by neglecting the fiduciary relationship with the victim and deceiving the victim.

In 2012, the defendant has been punished for a suspended sentence of imprisonment due to criminal fraud.

However, when the defendant was in a trial, the defendant made confession of the crime of this case and reflects his mistake in depth, and the victim expressed his intention that he does not want the punishment of the defendant by agreement with the victim, and the victim paid 20 million won out of the amount of damage.

In addition, the sentencing of the lower court is somewhat inappropriate if all of the sentencing conditions shown in the records and arguments, such as the circumstance and motive leading the Defendant to the instant crime, the circumstances after the instant crime, the age, character and conduct, family relationship, and environment, are considered.

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.

[D.] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of the evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

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

1. The sentence as ordered shall be determined in light of the circumstances described in Article 62(1) and (2) of the Criminal Act prior to the suspended sentence.