A defendant shall be punished by imprisonment for one year.

A. In light of the overall circumstances of the Defendant, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. We examine the judgment and the defendant's arguments together.

Although all of the crimes of this case are recognized by the defendant and there is no criminal record against the defendant. However, the crime of this case is committed in favor of the defendant, considering the defendant's age, family relation, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime of this case, it is hard to see that the defendant provided the apartment that is the only property of the victim to the bond company, etc. several times in a short period and obtained the loan by providing the bonds company, etc. with the apartment that is the only property of the victim as collateral for several times in a short period, and therefore, the crime of this case is not committed. The voluntary auction procedure is conducted through the execution of the right to collateral security established in the process of the crime of this case, and the victim loses ownership of the above apartment, the defendant does not make any effort for the repayment of damage to the victim, and it is unlikely that the damage to the victim will be recovered in the future in light of the defendant's economic ability, etc., the defendant's age, family relation, character, and method and method of the crime.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below.