The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant committed the instant crime several times by taking advantage of the fiduciary relationship with the victim.

The amount of damage reaches KRW 61 million.

On November 4, 2014, prior to the instant crime, the Defendant was sentenced to a fine of KRW 5 million at the Gwangju District Court as a crime of fraud under the same law.

On the other hand, the following conditions are favorable.

The defendant reflects his fault.

In the first instance, the Defendant compensated the victim for approximately KRW 61 million out of the amount of damage, and decided to compensate for the remainder after the release.

A injured person does not want the punishment of the defendant.

In addition, the defendant's assertion is reasonable, since the court below's punishment is somewhat inappropriate because it is recognized that various sentencing conditions shown in the records and arguments of this case, such as the background of the crime of this case, circumstances after the crime of this case, age of the defendant, sexual conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (a period of one month to ten months) / [the scope of recommended punishment] mitigation area (one month to ten months) [the person who has been specially mitigated] mitigation area (a period of one month to ten months] or considerable damage has been recovered, etc., the court below's punishment is somewhat inappropriate, and the prosecutor's assertion is without merit.

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

If the original judgment is accepted by the defendant's appeal and the original judgment is reversed, the prosecutor's appeal shall not be dismissed separately.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment below, and thus, the Criminal Procedure Act is applicable.