The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

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

2. The judgment of the court below is unfair in full view of the following circumstances: (a) the Defendant, as if he would purchase the air conditioners for automobile air conditioners, received USD 55,200 in total from the victim ($ 62,000 in Korean Won); and (b) the third-party port Spool received USD 169,050 in total ($ 180,000 in Korean Won). The total amount of damage caused by the instant crime was not at least KRW 242,00,000,000; (c) the extent of deceiving the Defendant by the negligent intentional act was weak; (d) the Defendant paid KRW 50 million in the trial; (e) the Defendant was the primary offender; and (e) the Defendant was the Defendant’s age, the Defendant’s age, character and conduct, the motive and circumstance of the criminal act; and (e) the circumstances in the oral proceedings after the criminal act was committed.

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.

[C] The criminal facts and the summary of evidence against the defendant recognized by this court are identical to the corresponding column of the judgment of the court below, except where the "written statement of the defendant at the trial" is added to the summary of evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing are as set forth in Article 62(1) ( Taking into account the favorable circumstances as set forth in Article 62(2)) of the Criminal Act;