A defendant shall be punished by imprisonment for not less than five months.

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unhued and unreasonable.

2. The Defendant, by falsehood, by deceiving the victim who had been in a dynamic relationship by emphasizing his/her own and his/her family's refluence, obtained money of not less than 34 million won by deceiving the victim, and during that process, using the method of sending the message to the victim or manipulating the mail as his/her father or someone who was his/her father or someone else. It is not good that the crime is committed.

The defendant had a house to live together with the victim's family members and had the victim's family members live before the accommodation. It seems that not only the victim but also the family members of the victim suffered considerable pain.

However, considering the fact that the court below agreed with the victim (the total amount of 7.5 million won repaid) in the trial, the sentence of the court below is somewhat unreasonable.

I would like to say.

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.

(3) Article 369 of the Criminal Procedure Act provides that a public prosecutor’s appeal shall not be dismissed in the disposition of the court in so far as the defendant’s appeal is accepted and the judgment of the court below is reversed. [Separately used] Criminal facts and summary of evidence recognized by the court in this case and summary of evidence are identical to each corresponding column of the judgment of the court below.

Application of Statutes

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

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