The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

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

2. The crime of this case is committed by deceiving the victim to borrow money, although the defendant did not have the intent or ability to have the victim employed the victim's children, and the fact that the crime of this case is committed by using the parent's brupted circumstances to the future of the child is very poor in the nature of the crime is disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case, the damage amount to KRW 20 million, the fact that the defendant did not relatively heavy, the defendant partially recovered the damage by paying the victim KRW 15 million in the trial, the defendant agreed to do so in full with the victim, the defendant did not have the same criminal power and there is no criminal power after around 2006, and the defendant has been unemployed and has a family member to support the crimes in this case, and other conditions favorable to the defendant, such as age, family relation, family relation, criminal record, character and behavior, environment, means and method of the crime, motive and method of the crime, circumstances after the crime, etc., and the result of applying the sentencing guidelines of the Sentencing Committee of the Supreme Court, it is recognized that the punishment imposed by the court below is inappropriate because it is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after the pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the selection of criminal facts (or, in general, choice of imprisonment);

1. The grounds for appeal under Article 62(1) of the Criminal Act shall be as follows;