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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The sentence of the lower court against the Defendant (10 months of imprisonment) is too unreasonable.

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

2. The judgment of the court below is that the crime of this case was committed by deceiving the victims even though the defendant did not have the intent or ability to repay, thereby deceiving them with an amount equivalent to KRW 300 million. In light of the content of the crime and the amount of defraudation, the criminal liability is heavy, and the defendant has several records of punishment for the same kind of crime, etc., and the

However, when the defendant made confession of the crime of this case when he was in a trial, it is necessary to consider equity with the case where the defendant was tried together with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which judgment has become final and conclusive. The victim D does not want the punishment of the defendant. In particular, the victim D stated that the defendant would be fully able to repay losses if he had been able to perform economic activities and has resumed economic activities in the trial, and the defendant's age, sexual behavior, environment, etc. and all other circumstances, which form the condition of sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., are considered as being too uneasible and unfair, and it is recognized that the punishment of the court below against the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, 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, but the prosecutor's appeal is without merit, but the decision of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the facts charged and the evidence admitted by the court is "1. The defendant's person" in the summary of the evidence of the court below.