The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that each of the judgment and prosecutor’s unfair sentencing cases is found that the amount obtained by deception exceeds a total of KRW 58.9 million, and that considerable damage has not been recovered.

However, considering all of the sentencing conditions in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant has led to the confession of all of the crimes; (b) there was no history of punishment heavier than the fine, and there was no history of punishment for the same kind of crime; (c) the victim has been repaid KRW 28 million to the victim so far; (d) the Defendant has reached an agreement with the victim; and (e) the Defendant has reached an agreement with the victim.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor's appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are the same as that of the judgment below, and thus, the summary of the evidence is identical to the

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in the No. 2 of the List of Crimes Attached hereto, the largest penalty for concurrent crimes);

1. Article 62(1) of the Criminal Act (amended by Act No. 1010, Jan. 1, 2001) (amended by Act No. 1010,