The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unhued and unreasonable.

2. The judgment of the defendant is very poor in the method of acquiring money by deceiving the victim of pro-Japanese appearance by deceiving him, and the sum of the amount of damage is not more than KRW 20 million, and the fact that the defendant has the record of criminal punishment for the same crime is disadvantageous to the defendant.

However, the defendant is recognized as committing the crime of this case and is against the defendant, and the fact that the victim has paid KRW 20 million to the victim in the first instance is favorable to the defendant.

In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentence shall be determined as ordered in light of the various circumstances described in the judgment on the grounds of appeal for the sentencing under Article 62(1) of the Criminal Act.