The judgment of the court below is reversed.

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

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

. In that it is not good that the crime was used for the crime, and the amount acquired by deception or embezzled from the victim also reaches 36 million won;

Therefore, there is a need for strict punishment corresponding to the criminal liability against the defendant.

However, if the defendant is found to have committed a crime in the first instance, he is against the fact that the defendant is recognized to have committed a crime, that the defendant has not been punished against the defendant, that the victim is not subject to the victim's punishment by agreement with the victim in the first instance, that the defendant has been able to assist the victim and handle the affairs related to the receipt of compensation and insurance money, that the defendant has no record of punishment other than the fine in 197, and all the sentencing conditions, including the motive for the crime, the method and consequence of the crime, the method and consequence of the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court (one month - one year - one year 5 months), * The first crime (Fraud): Fraud group, general fraud, first type (not more than one hundred million won): Imprisonment - one year - 1 million won - 2 years - 10 years - 13 years - 10 years - 2 years - 14 years - 2 years : imprisonment with prison labor.

It is more unfair than that.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(However, as long as the appeal by the defendant is reversed on the grounds of its reasoning, the appeal by the prosecutor shall not be dismissed separately from the disposition of the court). Criminal facts and summary of the evidence are all identical to the facts constituting the offense and summary of the evidence, and thus, it is identical to each corresponding column of the court below.