The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the judgment. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that it is not good to commit the crime by deceiving the victim who was close to the defendant over a considerable period of time, and the fact that the amount acquired by the defendant is a large amount.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake in the trial, the fact that the victim wants the defendant's wife by mutual agreement with the victim in the trial, and that the defendant's primary offender is the defendant's primary offender, etc. are favorable to the defendant. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime were committed, etc., the court below's punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

(A) The court below's appeal is justified, but it does not dismiss the prosecutor's appeal in its order unless the defendant's appeal is accepted and the judgment of the court below is reversed). [The reasons why multiple judgments are used] Criminal facts and summary of evidence and facts constituting a crime recognized by the court and summary of evidence are as stated in the corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article

Application of Statutes

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most severe penalty for concurrent crimes).