The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 imprisonment (10 months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. Although there are unfavorable circumstances, such as the fact that the amount of deception obtained is a large sum of KRW 100 million and the fact that the damage is not fully recovered, the defendant recognized the crime at the time of the trial and is in violation of depth. The defendant paid a total of KRW 60 million to the trial of the court below after the decision of the court below was made, and agreed with the victim by paying a total of KRW 60 million to the trial of the court below, and there are circumstances that can be considered in the circumstances leading to the defendant in this case, and the defendant is the primary offender. In full view of other circumstances that form the conditions for sentencing in this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument of the defendant is reasonable and the prosecutor's above assertion

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(An appeal by a prosecutor is without merit, and the decision of the court below is reversed by accepting the appeal by the defendant, the appeal by the prosecutor shall not be dismissed in the Disposition). In addition to changing the "1. Partial Statement of the defendant" in the summary of the evidence and the summary of the evidence of the court below into the "1...... defendant's trial statement", it is identical to the corresponding column of the judgment of the court below, thereby

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);