A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

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

2. The judgment of this case is that the defendant obtained a total of KRW 7.2 million including a loan of KRW 5 million by approaching the victim who was known to the general public, and the crime quality is considerably poor in light of the background of the crime, the method of the crime, etc.

However, when the defendant was in the trial, the victim was not punished by the victim by agreement with the victim, and the damage was partly recovered.

There is no record that the defendant has been punished in excess of the same kind of power or fine.

In addition, taking into account the circumstances and results of the instant crime, the Defendant’s age, character and conduct, environment, etc., as well as the various sentencing conditions shown in the instant records and pleadings, the lower court’s punishment is too minor.

It is too unreasonable rather than that.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, so the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by considering all of the sentencing conditions under paragraph (2) above.