The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case is not a good crime in light of the method, period, damage amount, etc. of crime by deceiving the victim and deceiving the victim a considerable amount of money over several times.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, background, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, the lower court’s sentencing is too unreasonable, in so doing, considering the following: (a) the Defendant is deemed to have committed such an error again; (b) the victim and the victim have been smoothly agreed at the time of the trial; and (c) the concurrent crime between the crime for which the judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act should be considered at the same time in accordance with Article 39(1) of the Criminal Act.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

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

1. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2