Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

A. When considering the various circumstances of the defendant's defendant, the punishment of the court below (the fine of nine million won) is too heavy.

B. The lower court’s sentence is too weak in light of the following: (a) the content and nature of the instant crime committed by the prosecutor is not good; and (b) the Defendant has the same criminal records on several occasions and is highly likely to repeat a crime.

2. The crime of this case in light of its background, method of deception, act of deception, and act of the defendant after the crime, etc., is not good, and there are several criminal records of frauds against the defendant. However, the damage amount of the crime of this case in the meantime is not much significant as the amount of 3 million won, and the defendant deposited 2 million won to the victim in order to recover damage when he committed his crime, and in consideration of all the sentencing conditions in the records and arguments of this case including the defendant's age, character and conduct, family relationship, etc., the punishment imposed by the court below seems to be somewhat inappropriate. Thus, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the court below's appeal is again ruled as follows. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, as long as the judgment below is accepted by the defendant'

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;