A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The defendant, by deceiving the victim, acquired a considerable amount of investment money, and the liability for the crime is not against the law.

However, considering the following as a whole: (a) the Defendant recognized the Defendant’s mistake once in the trial; and (b) the fact that the victim does not want the Defendant’s punishment by mutual agreement with the victim immediately after the sentence of the lower judgment was rendered; and (c) the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime were considered as favorable to the Defendant; and (d) comprehensively taking into account the sentencing conditions as revealed in the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following decision is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court and the summary of evidence are as follows: (a) changes "the defendant's partial statement of 1.1." from the summary of evidence to "the defendant's oral statement of 1.1." and changes "the defendant's oral statement of 1.1." and therefore, it is identical to each corresponding column of the judgment

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentence shall be determined as ordered in consideration of the various circumstances, examining the reasons for sentencing prior to the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances as seen above);