The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year of imprisonment) against the Defendant (unfair punishment) is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. In light of the contents of the crime of this case, the crime of this case is not less complicated, and the fraud amount is also 300 million won, etc., which is disadvantageously unfavorable, but the defendant recognizes the crime of this case and reflects it. The defendant, after the decision of the court below, paid a total of KRW 376 million to the victim after the decision of the court below, and agreed smoothly with the victim. In light of the circumstances of the crime, the victim seems to be fully responsible for the occurrence of this case, there is no specific penalty power except for punishment once by the fine of this case, and other various circumstances, such as the defendant's age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be unfair. Thus, the above argument of the defendant is reasonable, and the prosecutor's above assertion is without merit.

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

(2) Article 369 of the Criminal Procedure Act provides that “The appeal by a prosecutor shall not be dismissed unless the appeal by the prosecutor is well-grounded, but if the decision of the court below is reversed by accepting the appeal by the defendant, the appeal by the prosecutor shall not be dismissed separately.”

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);