The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

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

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

2. Determination Doctrine: The fact that the amount obtained by the Defendant through deception by committing each of the crimes of this case is not at least 37.7 million won in total, and the Defendant was awarded a contract for the government-funded construction work;

It is recognized that the nature of each of the crimes of this case is not good, such as false statement that his/her child, mother, etc. died or was hospitalized in a hospital.

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 lower court is somewhat unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not reasonable, and the Defendant’s assertion of unfair sentencing is justified. The Defendant’s assertion of unfair sentencing is with merit.

3. In conclusion, the judgment of the court below shall be reversed in accordance with 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 in accordance with Article 364(4) of the Criminal Procedure Act, since the prosecutor's appeal is without merit. However, inasmuch as the judgment of the court below is reversed by accepting the defendant's appeal

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

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