A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

A. In light of the various sentencing conditions of the Defendant, the lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Although the Defendant’s assertion of the judgment and the prosecutor’s assertion that the amount obtained by deception through the instant crime is not a significant amount of damage, the Defendant denied the instant crime by asserting that the said money from the investigative agency to the court below is not a loan but an investment money, etc., which is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case when he was in the trial, and reflects his mistake, that the defendant is not subject to punishment by agreement with the victim, that the victim is not subject to punishment, that the crime of all the criminal facts in the judgment of the court below has become final and that it is necessary to consider equity and the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, and that other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, circumstances after the crime, etc., are considered to be somewhat 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.

(Inasmuch as the original judgment is reversed, the prosecutor’s appeal shall not be dismissed separately). The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the original judgment, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes;