A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant is an unfavorable circumstance in sentencing, such as the crime of this case is very poor in the nature of the crime, and the fact that the victim wants to punish the victim by taking advantage of personal trust relationship with the victim who was in an internal relationship, and by threatening the victim to resist the victim.

However, the defendant deposited 13,00,000 won against the victim at the court below, and deposited 15,070,000 won additionally after the decision of the court below, and deposited 15,070,000 won additionally after the decision of the court below, and the defendant deposited all the principal of the fraudulent damage of this case, and considering various circumstances favorable to sentencing, such as the circumstances favorable to sentencing, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;