A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The defendant and the prosecutor's argument are also examined.

The crime of this case is recognized to be disadvantageous to the defendant, such as the fact that the defendant acquired a total of KRW 270 million from the damaged person as the main operating fund, and the fact that the crime of this case is heavy in light of the contents of the crime, such as the amount of fraud, and the fact that the defendant was not agreed with the victim, etc.

However, when the defendant made a confession of the crime of this case when he was in the trial for the first time, the defendant made a mistake against his depth, the defendant deposited considerable money in order to recover the victim's damage, and the defendant paid K interest equivalent to 30% per annum of the amount of the fraud of this case to the victim through K, and the defendant seems to have committed the crime of this case with dolusent intent in the course of operating the principal rather than deceiving the victim in bad faith and plannedly, rather than deceiving the victim, it seems to have committed the crime of this case. The defendant did not have the same criminal history, there is no record of criminal punishment exceeding the fine until now, and there is no record of criminal punishment exceeding the fine until now, and when considering all other circumstances, which are the conditions of the punishment specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant is unreasonable

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the ground that the defendant's appeal is reasonable, the prosecutor's appeal is not dismissed). Criminal facts and summary of