The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Summary of Grounds for Appeal

(F) The sentence of imprisonment (six months of imprisonment) of the court below is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of this case is committed by deceiving a victim who is in an internal relationship with another person through several times, and is not good to the quality of the crime, and is a relatively high amount.

However, there are extenuating circumstances such as that the Defendant’s mistake is against himself/herself, that the Defendant was in the first instance trial, that the victim was not punished against the Defendant, that the Defendant’s health condition is not good, etc. In full view of equity in the case where the first head of the crime in the judgment was judged simultaneously with the crime that became final and conclusive, and all other sentencing conditions such as the Defendant’s age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., the sentence in the judgment of the court below is too unreasonable.

Defendant

The prosecutor's assertion is with merit and without merit.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

1. An applicant for judgment on application for a compensation order under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. seeks payment of KRW 10,700,000 to the accused in the trial.