The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that each of the judgment and the prosecutor’s unfair arguments on sentencing together with each of the judgment and prosecutor’s each of the offenses of this case is grave, and the amount of fraud reaches KRW 100 million in light of the form and method of the crime of this case.

However, considering the fact that the Defendant led to the confession of the crime and divided his mistake, the fact that there was no particular criminal history except that sentenced to a fine of KRW 700,000 for the crime of violating the Road Traffic Act in around 2006, the Defendant agreed with the victim, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions stated in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. As such, the part of the judgment of the court below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading (Provided, That the prosecutor's appeal shall not be dismissed as long as the part against the defendant in the judgment below is reversed on the ground that the appeal by the defendant is well-grounded). The summary of the facts constituting an offense and evidence and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);