The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 38.6 million won) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant acquired money as a solicitation for the prosecutor and received money, which is not good to the nature of the crime, and that the money acquired by the defrauded is considerable to 38.6 million won.

However, in full view of various sentencing conditions shown in pleadings, such as the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the instant crime, and circumstances after the instant crime, including the fact that the Defendant is recognized and against the Defendant, the fact that the Defendant agreed with the victim at the time of the trial, and the fact that the Defendant has no criminal power exceeding the fine and the same kind of force, etc., the sentencing of the lower court is unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Social service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;