The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The prosecutor denies the criminal intent by defrauding a large amount of KRW 150,000 won in a planned manner from the victim. In light of the fact that the outlines do not exist, the court below's punishment (one year of imprisonment) against the defendant is too unfasible and unfair.

B. The lower court’s punishment against the Defendant is too unreasonable.

2. In light of the above unfavorable circumstances asserted by the prosecutor, even though the defendant was replaced by the crime of this case which the defendant denied at the court below, and the defendant did not punish the defendant by making an original agreement with the victim. This circumstance constitutes a new change in circumstances that should be viewed differently from the court below in determining the defendant's punishment in the court below.

In this context, considering the following factors: (a) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime; and (b) the lower court’s punishment against the Defendant is light.

It is recognized that it is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(3) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed separately, inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed.” (Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed separately, in addition to adding “1. Defendant’s oral statement” to the summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence.”

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;