A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) considering the following: (b) the Defendant and the Prosecutor’s respective arguments of the sentencing of the instant case together with each other; (c) in light of the form of the instant crime and the method of the commission of the instant crime; (d) the Defendant was sentenced to a fine and a penalty on several occasions; (c) the Defendant had the record of being punished for the same offense; (d) the defrauded amount exceeds KRW 100 million; and (e)

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the crime, the punishment imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;