A defendant shall be punished by imprisonment for six months.

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

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of this case is a case in which the defendant acquired the victim's money under the pretext of borrowing money, and when considering all the sentencing conditions as shown in the records and arguments of this case including the defendant's age, character and conduct, motive and circumstance of the crime of this case, circumstance after the crime, sentencing guidelines, etc., the sentence of the court below that sentenced the punishment is somewhat unreasonable, considering the following: the defendant was the criminal defendant's awareness of the crime of this case and reflects the mistake; the defendant deposited 5 million won in the court below; the court below deposited 5 million won in the court below; and the defendant paid 10 million won in the court below and agreed 10 million won as soon as possible with the victim; and the remaining amount of damage is fully repaid as soon as possible.

3. As such, 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 the appeal by the public prosecutor is not dismissed in separate text.

[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 (1) of the Criminal Act, the choice of criminal 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;