The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible and unfair for the prosecutor as to the punishment (six months of imprisonment, two years of suspended execution, two years of probation, and two hundred hours of probation service order) declared by the court below.

2. The Defendant had a record of having been sentenced to suspended sentence for the same crime, and the instant crime was committed by introducing the interior works to the effect that the Defendant introduced the interior works.

The method of crime by deceiving the victim by falsity is not suitable.

However, when the defendant was found to have committed a crime for the first time, the defendant has recovered damage and has reached an agreement with the victim, and it is not good for health due to kidne diseases.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, occupation, living environment and economic conditions, and the scope of the recommended punishment according to the sentencing guidelines (one month to one year) of the defendant, the punishment sentenced by the court below is unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines / [the types of the recommended punishment / [the scope of the recommended punishment / [the amount of punishment / [the amount less than KRW 100 million] in general fraud / [the amount of punishment / the amount of special mitigation] in the mitigated area (one month or one year);

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.