A defendant shall be punished by imprisonment for six months.

2. The judgment of the defendant was made by deceiving a reasonable amount from the victim, and the victim did not pay the agreed money while receiving an investigation by fraud, and the victim did not pay the agreed money in spite of the victim's withdrawal of the complaint. The victim committed the instant case to evade payment of the agreed money without paying the agreed money for more than eight years after the judgment became final and conclusive, although the victim filed a civil lawsuit against the defendant, and the judgment in favor of the plaintiff became final and conclusive, and the victim's economic and mental suffering seems to have been considerable to the defendant's disadvantage.

It is favorable to the defendant that the defendant misjudgments the defendant's mistake, that the defendant has no particular criminal record except for one time before or after the punishment of this punishment, and that he deposited 10 million won for the victim.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is reasonable, and it is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 327 of the Criminal Act applicable to the facts constituting the crime;

1. The main text is to consider the following circumstances prior to the sentencing of selective sentence of imprisonment.