The judgment below

The guilty part shall be reversed.

The punishment of the accused shall be eight months by imprisonment.

except that this shall not apply.

1. Reasons for appeal;

A. Defendant 1) misunderstanding of facts merely borrowed money, and did not deceiving the victim’s grandchildren to find employment in a broadcasting station. 2) The lower court’s sentence of unreasonable sentencing is heavy.

B. Prosecutor 1) misunderstanding of facts (not guilty part) the Defendant’s fraud is sufficiently recognized by the statement of the victim, etc.

2. Determination

A. According to the evidence duly admitted by the Defendant’s assertion of mistake of facts and the evidence duly admitted, the fact that the Defendant deceptioned the victim’s grandchildren to be employed in the broadcasting station to give money to the victim and acquired 16,000,000 won through seven times can be fully recognized.

B. Examining the records of the prosecutor’s argument of mistake closely in light of the prosecutor’s records, the lower court is justifiable to have rendered a not-guilty verdict on this part of the facts charged on the grounds that it is difficult to believe the victim’s statement on the grounds as stated in its reasoning, and it is difficult for the prosecutor to

C. After the judgment of the court below on the assertion of unfair sentencing by the defendant and the prosecutor, there are changes in circumstances in which the defendant has restored part of the damage and agreed with the victim.

Considering the changes in circumstances favorable to the defendant and the various sentencing conditions shown in the records and arguments of this case, the sentence of the court below against the defendant is heavy.

3. The prosecutor's appeal on the acquittal portion of the judgment below is dismissed, and the defendant's argument on the grounds of unfair sentencing is accepted, and the conviction portion of the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.