A defendant shall be punished by imprisonment with prison labor for three months.

A. The punishment sentenced 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. In light of the content and circumstances of the instant crime, the amount of fraud, etc., the nature of the crime is not easy, and the fact that the victim is punished against the Defendant because the recovery of damage is not completed, etc. is disadvantageous to the Defendant.

However, there is a circumstance that can be considered in the course of committing a crime, such as the fact that the defendant recognizes and reflects the defendant's mistake late, the defendant obtained 94 million won out of the 94 million won acquired by the victim, and delivered it to K on the day on which he acquired 80 million won out of the 94 million won which the defendant acquired by the victim. Even after the bid failure, K seems not to reach the settlement of damage due to the wind that consumes all the above money for personal purposes, and there is a circumstance that can be considered in the course of committing a crime, such as deception and the degree of participation in the crime, the fact that the defendant deposits 14 million won for the victim who actually acquired the profit, and that the defendant

Considering the various sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, and circumstances after the crime, along with these circumstances, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year or less of imprisonment), the sentence 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 following judgment is rendered

(A) Although the appeal by a prosecutor is without merit for the foregoing reasons, the prosecutor's appeal shall not be dismissed separately from the disposition of the court in so far as the judgment of the court below is accepted by the defendant and the judgment of the court below is reversed).