The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) 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 deemed to have been committed by the Defendant by deceiving the Victim I Co., Ltd., thereby deceiving the Defendant a total amount of KRW 437 million through 24 times, and the circumstances unfavorable to the Defendant, such as the fact that the crime is of heavy importance in light of the content of the crime and the amount of defraudation, are recognized.

However, when considering various circumstances, such as the defendant's age, sexual behavior, environment, etc., which are the conditions for sentencing as shown in the argument of this case, the court below's punishment against the defendant cannot be deemed unfair because it is too unafford as the prosecutor's assertion, and it is acknowledged that the defendant's punishment against the defendant is too unfair because it is too unaffortable and unfair because it is too unafford by the defendant, that the defendant does not want the punishment of the defendant, that it is the first offender who has no record of criminal punishment so far, that the defendant was committing the crime of this case while importing feed, wholesale and retail business, and that the defendant's family members want the defendant's preference.

3. In conclusion, 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 following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, with the exception of adding “the Defendant’s oral testimony at the trial” to “a summary of the evidence” column of the lower judgment.