A defendant shall be punished by imprisonment for one year.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (two years of imprisonment) is too unhued and unreasonable.

2. In view of the fact that the crime of this case was committed by accomplices on their own allocation of roles, the nature of the crime is inferior, the social harm of the crime is very great, and the defendant escaped to China along with accomplices after the crime of this case, it is inevitable to severely punish the defendant.

However, it is difficult to see that the degree of the defendant's participation in the crime of this case is significant, most of the victim N's damage caused by the crime of this case was returned, and the defendant did not want the defendant's punishment any longer by mutual agreement with the victim E and the defendant who was the first offender, the defendant's age, character and conduct, environment, circumstances after the crime, and all other sentencing conditions such as the defendant's age, character and conduct, circumstance after the crime of this case, etc., it is deemed that the court below's punishment is too unreasonable.

3. In conclusion, 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.

【The reasoning of the judgment of the court below which has been written] The facts constituting a crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are as follows: the facts constituting a crime and the summary of the evidence are stated in the judgment of the court below, except where the "influence" of No. 3 is deemed to be " around that time," and the "K" is deemed to be "E," and thus, it is also cited in accordance with Article 3

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the punishment provided for in the crime of fraud against victims E with heavier penalty than the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;