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 sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. In light of the fact that the Defendant agreed to pay 45 million won to the victim in installments in the court room and agreed to pay the victim a total of 2.9 million won to the victim, the lower court’s punishment is too unreasonable.

3. As such, the appeal by the defendant is reasonable, and the prosecutor's appeal is groundless, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is ruled as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed a crime again despite the past record of criminal punishment for fraud; (b) the Defendant committed a crime using personal trust relationship with the victim who was in an internal relationship; (c) the elements for sentencing unfavorable to the Defendant; (d) the Defendant reflects the Defendant’s criminal act; and (e) the agreement to pay the victim a total of KRW 45 million to the victim in installments; and (e) the consent was reached in the trial to pay the victim a total of KRW 2.9 million; and (e) other favorable factors that are favorable to the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the scope of sentencing guidelines as indicated in the instant records and arguments, including the following circumstances, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime; and (e) the scope of sentencing guidelines