A defendant shall be punished by imprisonment for not less than three 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 (three months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by deceiving the victim by deceiving him through the employment mediation of the victim's deceptive act, and the nature of the crime is not good. Nevertheless, the defendant did not deceiving the victim by the investigative agency up to the original trial, and did not have any intention to commit the crime of defraudation.

The fact that the defendant denied the crime and did not violate his/her mistake is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case in the trial of the party, divided the errors, and that the defendant made a serious effort to recover the damage of the victim by paying the amount of eight million won, and that the defendant has agreed with the victim smoothly, and that the defendant has no same history of punishment and criminal records.

In addition, in full view of all other circumstances, including the Defendant’s age, sex, environment, developments and motive leading to the Defendant’s crime, and the circumstances before and after the commission of the crime, the lower court’s punishment is unreasonable as it is unreasonable.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision shall be rendered again after pleading (in the event that the prosecutor's appeal is rejected but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the order). 【Grounds used again in the judgment of the court] The summary of the facts constituting the crime and the evidence and the summary of the evidence recognized by the court are all the same as the corresponding columns of the court below,