The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (nine months of imprisonment) is too unhued and unreasonable.

B. The above sentence of the court below is too unreasonable.

2. The judgment of the Defendant, as the business of the restaurant run by himself is well-grounded and has a lot of net profits, repeatedly defrauds the victim with the borrowed money, investment money, and the nominal money of the deposit money, which are disadvantageous circumstances, such as the following: (a) the fact that the method of committing the crime is inadequate; (b) the victim appears to have been obtained by deceiving the total amount of money of KRW 80 million; and (c) the fact that the victim did not agree with the victim up to the trial.

On the other hand, it appears that the Defendant appears that all of the crimes of this case were committed against the Defendant, there is no record of criminal punishment, and that there is no record of criminal punishment, and that the victim's custody of the price of KRW 24 million that was obtained by disposing of the restaurant of this case and the damage therefrom seems to have been restored (see Article 53 of the trial record). Meanwhile, the Defendant asserted that the victim recovered the deposit of KRW 10 million from the restaurant of this case, and thus, the damage was recovered. However, the above assertion did not appear in the record, and thus, it does not appear in the grounds for sentencing against the Defendant.

In full view of the circumstances favorable to the defendant, such as the fact that there is a child in need of fostering of the defendant, and other factors such as the age, character and conduct, health condition, environment, motive and circumstance of the crime, and various conditions of sentencing as shown in the present case, such as the circumstances favorable to the defendant, etc., the punishment of the court below is somewhat unreasonable.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(I) The prosecutor's appeal is not accepted, but the prosecutor's appeal is not dismissed as long as the decision of the court below is reversed by accepting the defendant's appeal.