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

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant has the record of a crime subject to a fine on several occasions due to the same kind of crime, suspension of execution, imprisonment with prison labor, crime during the period of repeated crime, and substantial damage has not been actually recovered even after six years have passed since the crime of this case.

However, in full view of the following facts: (a) the Defendant led to the confession of each of the crimes of this case and reflects the mistake; (b) the Defendant prepared a notarial deed jointly and severally guaranteed by the Defendant’s husband and wife; and (c) made an agreement with the victim E by creating a collateral mortgage on the real estate owned by the Defendant’s husband and wife; (d) the Defendant’s husband and wife paid KRW 6 million for three months according to the agreement; and (e) he faithfully endeavored to recover damage by being entrusted to the counsel for the repayment of damage to the Victim Q, etc.; and (e) other factors of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable, and thus, the Defendant’s assertion of unfair sentencing is well-grounded

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. The prosecutor's appeal is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act, but the prosecutor's appeal is not dismissed in so long as the judgment of the court below is reversed.

Criminal facts

Criminal facts recognized by this court as well as summary of evidence are stated in each corresponding column of the original judgment.