The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1. The summary of the grounds for appeal is too heavy (one year of imprisonment) or too heavy (the defendant).

2. In light of the circumstances, contents, etc. of the crime of this case, the fact that the nature of the crime of this case is poor, the amount of fraud is not smaller than the amount of fraud, the fact that there is a single criminal record, etc., which is unfavorable to the defendant; however, the defendant confessions and reflects the crime of this case; the defendant deposits 20 million won in the court below for the victim; and additionally deposits 40 million won in the court below for the victim; the court below should consider equity in cases where it is judged simultaneously with the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes of the Criminal Power in the judgment of the court below which became final and conclusive; and other various circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and the records of this case, are somewhat inappropriate.

3. If so, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, so the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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