A defendant shall be punished by imprisonment for one year.

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

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the crime of this case was committed by deceiving a victim in spite of the defendant's intent and ability to repay, and by deceiving the victim as a sum of KRW 110 million from the victim as the loan borrowed money. In light of the method and content of the crime, the nature of the crime is inferior, and the amount of damage is considerably inappropriate, and the liability for the crime is not less than the amount of damage, the defendant failed to repay the amount equivalent to the damage to the victim up to four years after the date of the crime, and the defendant was subject to a suspended sentence of imprisonment on May 7, 2008.

However, in light of the following: (a) the Defendant recognized the instant crime for the first time in the trial; (b) there is no criminal record other than the criminal record of the said embezzlement; and (c) the Defendant expressed his intent that the victim would not want the punishment against the Defendant by mutual consent with the victim at the time of the trial; and (d) other various sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive and background leading to the Defendant’s crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

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.

[Discept of the reasoning of the judgment below] Criminal facts and summary of evidence admitted by this court are relevant to each part of the judgment below, except for the alteration of the part of the defendant's "court testimony" to "court testimony of the defendant" in the summary of evidence.