The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 lower court to the Defendant (ten months of imprisonment) is too unreasonable.

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

2. The judgment is based on the following facts: (a) the crime of this case is committed by deceiving the victim who is the offender and by deceiving the money and the money borrowed by the defendant; and (b) the amount acquired by the defendant is a large amount and is not sufficient to commit the crime by deceiving the victim over a considerable period; and (c) using a considerable amount of money from among the money acquired by the defendant as gambling money.

On the other hand, however, the defendant shows the attitude of recognizing and opposing all of his mistakes, the court below's sentence is somewhat inappropriate, taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, environment, motive for the crime, means and result of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., and the victim wanted to take up the defendant's wife, the victim paid approximately KRW 100 million out of the amount of damage, and efforts to recover damage in the future. The defendant has no penalty power exceeding the fine.

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.

(1) The Criminal Procedure Act provides that the appeal by a prosecutor shall be dismissed unless the appeal by the prosecutor is well-grounded, but the decision of the court below shall not be dismissed. (The reason why the decision is multiple) The criminal facts and summary of evidence are recognized by the court and the summary of evidence shall be as stated in the corresponding column of the judgment of the court below.