The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The Defendant and the prosecutor of the lower judgment.

1. The defendant asserts that the summary of the grounds for appeal by the court below (No. 1: imprisonment of 2 years and 6 months, and 2 months: imprisonment of 1 year and 6 months) is too unreasonable, while the prosecutor asserts that the sentence of the court below by the court below is too unreasonable and unfair.

2. Determination of unfair sentencing by both parties of this case on the assertion of unfair sentencing (the defendant stated that his mistake is against the victim's depth, the crime of this case at the second judgment at the time of the judgment at the same time with the case where the judgment became final and conclusive, the victim of embezzlement at the second judgment at the time of the judgment at the time of the judgment at the court below, etc.) and circumstances unfavorable to the victim [each of the crimes of this case committed by the defendant at the time of the first judgment at the time of the judgment at the court below: (a) the nature of the crime at the time of the first judgment at the time of the judgment at the court below is not less than 150,00 won; (b) the victim and the victim did not reach an agreement or complete recovery from damage until now; (c) the defendant did not have any record of punishment for the same or similar crime at the time of the second judgment at the time of the judgment at the court below's sentencing; (d) the defendant's motive and behavior at the time of the second judgment at the time of the judgment at the first instance; and the second court's sentencing relation with the defendant.