The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable because of the fact that the lower court’s punishment (four months of imprisonment) is too unreasonable. The prosecutor asserts that the instant crime was committed by the Defendant, in light of the fact that the instant crime was induced, and the actual defrauded was committed, the lower court’s punishment is too uneasible and unreasonable.

2. In full view of all the circumstances, including the fact that the defendant confessions and reflects the judgment, that the defendant has no record of punishment for the same kind of crime, that the defendant did not repeat the crime, that the court below paid the victim the amount of damage to the victim of the crime of Bophishing, and that the defendant's character, conduct and environment, the background and result of the crime in this case, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the punishment sentenced by the court below is deemed unfair.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit. Thus, the judgment of the court below is reversed and it is decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed.” (Reasons for multi-use judgment) Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Therefore, this is

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered for the reasons for reversal of the sentence);