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

A. The punishment of the court below against the defendant and his defense counsel (one year of imprisonment) is too unreasonable.

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

2. The instant crime was committed several times in a short period, and the Defendant, entering an entertainment drinking house and doing the last day, and ordered a large amount of drinking, including high-priced drinking, and the female employees enjoy entertainment, and was confined in a toilet to pay money.

In light of the following: (a) the Defendant was either aware of or had undergone the instant crime and reported to 112B or 119; (b) the nature and circumstances of the crime, such as theft of the victim during an investigation conducted by the police station due to the fraud, were extremely poor; (c) the Defendant was issued a summary order on January 20, 2014 due to the crime of integrative type; (d) the Defendant was arrested and released on January 20, 2014; (e) the Defendant is highly likely to repeat a crime in light of the continuous criminal circumstances; and (e) the Defendant did not reach an agreement with the victims.

However, in full view of the following circumstances, the lower court’s punishment is somewhat inappropriate, given that the Defendant’s full recognition of and reflects on the crime, the amount of defraudation of this case is a relatively small amount, the Defendant deposited a certain amount to some victims during the trial, the Defendant did not have any record of punishment other than the above summary order, and other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the Defendant’s punishment is somewhat inappropriate. Therefore, the Prosecutor’s allegation of unfair sentencing is

3. As such, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.