The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too heavy or too harsh (the Defendant).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The crime of this case was committed by deceiving the victim who is the head of the household and by deceiving the victim with 290 million won under the pretext of the loan, and it is not good to the nature of the crime in light of the amount of damage, etc., and the defendant did not seem to have an attitude against the victim by blocking contact with the victim between several years and not recovering most damage until the victim filed the complaint in this case, and by denying his criminal act in the initial investigation process.

However, the fact that the defendant recognized the crime of this case in the court below and the trial court, there is no same record as the defendant, and there is no record of criminal punishment after 191, in the trial court, the defendant fully pays the amount of damage and agreed with the victim smoothly, and the degree of deceiving the victim is significant.

In light of the favorable circumstances such as the fact that it is difficult to see that the Defendant’s health conditions are not good due to marson’s sson’s stroke, stroke, etc., and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment is deemed to be unfair and unfair.

The defendant's unfair argument in sentencing is accepted, and the prosecutor's improper argument in sentencing is not accepted.

3. As the appeal of the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision is rendered again following the pleadings (the prosecutor's appeal is rejected but the prosecutor's appeal is not dismissed as long as the judgment of the court below is accepted and the judgment of the defendant is reversed). 【The judgment used again is the criminal facts and the summary of the evidence recognized by the court, and the summary of the evidence.