The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. It is recognized that the judgment is based on the fact that the amount acquired by the defendant through the crime of this case is not stated as KRW 20 million, and that the defendant did not agree with the victim until the trial of the case is held.

However, in full view of various circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, background, means, method and consequence of the crime, circumstance before and after the crime, criminal record, etc., the sentence imposed by the court below is somewhat unreasonable, and thus it is recognized that the defendant's sentence imposed by the court below is unreasonable. Thus, the prosecutor's allegation of unfair sentencing is without merit, and the defendant's assertion of unfair sentencing is justified.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is well-grounded. The prosecutor's appeal shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that the prosecutor's appeal of this case is without merit. However, the prosecutor's appeal shall not be dismissed separately in

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;