The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant committed the instant crime even though he/she had the record of punishment for the same kind of crime, and the fact that the defrauded is not much aware of is disadvantageous to the defendant.

However, in light of the following facts: (a) after the Defendant fully repaid the amount of damage to the victim at the trial, the victim did not want the punishment of the victim by mutual consent with the victim; (b) the Defendant recognized the entire crime and divided his mistake in depth through the living under confinement; (c) the Defendant did not have any previous conviction exceeding the fine; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, and all other matters pertaining to the sentencing specified in the pleadings of this case, including the circumstances after the crime, the lower court’s punishment is somewhat unreasonable, and thus

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and therefore, they are cited as it is in accordance with 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, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);