A defendant shall be punished by imprisonment for one year.

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

A. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

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

2. The crime of this case is deemed to have acquired a large amount of money from the damaged person under the pretext of investment in the overseas agricultural business from the damaged person for the purpose of investment in the overseas agricultural business, and the crime is not likely to be committed in light of the content and result of the crime, the scale of damage, etc.

On the other hand, however, the defendant shows an attitude against his mistake when he was sentenced to criminal punishment in 199, and the defendant has no record of criminal punishment after criminal punishment in 199.

In addition, when the defendant was in the first instance, the defendant agreed with the victim only smoothly.

In light of the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is deemed unfair because it is without merit, so the above argument by the defendant is reasonable, and the prosecutor's above argument with the purport of objection 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, and the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is as follows. The summary of the evidence is as follows: in addition to the case where "the defendant's partial statement" in both the summary of the evidence is "the defendant's own trial statement" as "the defendant's own trial statement", it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369

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 choice of punishment (in comprehensive, the choice of imprisonment);

1. The Criminal Act, the suspension of execution;