The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Summary of Reasons for appeal

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

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

Judgment

The defendant and the prosecutor's argument are also examined.

The crime of this case is committed by the Defendant with his re-fashion while the Defendant gains access to the victim and acquired the volume of KRW 20250,000 through 11 times, in light of the circumstances of the crime and the details of the crime, such as the amount of fraud, the criminal liability is heavy, and the Defendant did not agree with the victim, and the circumstances that are disadvantageous to the Defendant are recognized.

However, when considering the fact that the defendant made a confession of the crime of this case when he was in the trial for the first time, that the defendant deposited the full amount of damage in order to recover damage of the victim when the defendant was in the trial for the first time, that there is no record of criminal punishment exceeding a fine since 1993, and that there is no other evidence that the defendant was subject to punishment since 193, and that the court below's punishment against the defendant is too unreasonable rather than unfair because it is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

In conclusion, the Defendant’s appeal is reasonable, and thus, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading (as long as the lower judgment is reversed on the grounds that the Defendant’s appeal is well-grounded, the Prosecutor’s appeal is not dismissed). The gist of criminal facts and evidence acknowledged by the court is as follows: “a summary of the evidence” in the column of “a summary of the evidence” as stated in the lower judgment except for adding “the Defendant’s oral statement at the trial,” and thus, it is identical to each corresponding column of the lower court’s judgment.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;