A defendant shall be punished by imprisonment for four months.

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

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

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The crime of this case is committed in collusion with C in a person related to de facto marriage who has the intention or ability to purchase the land and acquired a sum of KRW 2,786,00 from the victim under the pretext of borrowing money, etc. The crime of this case is committed repeatedly for a long time, and the defendant escaped from the date of the first instance judgment and is detained during the trial, etc. are disadvantageous to the defendant.

The fact that the defendant is both recognized and reflected in all crimes, that the defendant deposited KRW 10 million for the victim at the court below, that the defendant deposited at the court below to deposit KRW 5 million for the victim, that the defendant has no record of being punished for the same crime or of having no record of being sentenced to punishment for the same crime, etc. are favorable to the defendant.

In full view of the circumstances favorable to the above unfavorable circumstances and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, circumstances before and after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the pleadings, such as the final and conclusive sentence against the accomplice, the lower court’s punishment is somewhat unreasonable and unfair. Thus, the Defendant’s assertion has merit, and the Prosecutor’s assertion has no merit.

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 reasonable, and the decision is rendered once again after pleading (as long as the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed in separate order). [Judgment used again] Criminal facts and summary of evidence acknowledged by the court is recorded in the corresponding column of the judgment below.