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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the court below is based on the following facts: although the crime of this case is not against the nature of the act of deception in light of the contents of the deception, the defendant's mistake is recognized and against the defendant; the defendant has no record of criminal punishment other than a fine; the defendant has reached an agreement with the victim; the defendant has reached an agreement with the victim; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and other various conditions of sentencing as shown in the pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. after the crime, the sentence of the
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Article 62 (1) of the Criminal Act;