The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The defendant, for a considerable period of time, repeatedly deceivings the victim to acquire money exceeding 58 million won from the victim, and the crime is not good in light of the contents of the crime and the scale of damage.

The Defendant had been sentenced to suspension of execution several times for property crimes even before committing the instant crime.

The Defendant committed the instant crime during the period of suspended execution.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

Before the judgment of the court below is sentenced, the defendant repaid part of the money acquired through deception to the victim and agreed with the victim, and repaid the full amount of the money acquired through deception to the victim, and subsequently re-constitiond with

The victim repeatedly wants the defendant's wife.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

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

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(No appeal by a prosecutor is well-grounded, but the decision of the court below shall be dismissed separately from the disposition of the court below, unless the appeal by the defendant is accepted and reversed).