The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall obtain money from the applicant for compensation 60,000.

1. Summary of the grounds for appeal (the form of punishment and unfair);

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no criminal history other than three times of fine; (c) the Defendant’s health is not good for the Defendant; and (d) the Defendant’s family members and branch members want to take the Defendant’s wife.

However, in light of the fact that the amount of deception obtained through the crime of this case exceeds 60 million won, the punishment for the crime of this case is heavy, the damage recovery is not performed at all, and the victim has suffered a big economic suffering such as the application for personal rehabilitation, but it seems that the defendant's efforts to recover such damage is insufficient, and the victim has a disadvantageous condition such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions such as the defendant's character, behavior, environment, means and consequence, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the crime of this case, the range of punishment according to the sentencing guidelines of the Criminal Procedure Commission for the crime of this case, general fraud type 1 (100 million won or less), special person with no penalty, the decision of the recommended area, and the scope of the recommended sentence (6 to 16 months).

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the applicant for compensation order by the court below is ruled again after the pleading as follows. The application for compensation order by the applicant

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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