The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (10 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case, which was committed by the defendant by deceiving the victim and actually did not proceed or by making an investment in an unprofitless project, shall be deemed to be disadvantageous to the defendant, such as the fact that the criminal liability is heavy in light of the content of the crime, the fact that the victim has not yet been recovered, and the fact that the defendant has the records of the same crime.

However, in light of the fact that the defendant made confession of the crime of this case when he was in the trial for the defendant, that the defendant used part of the money obtained by deception for the business, and all other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the character, conduct and environment of the defendant, the sentence of the court below against the defendant is too uneasible and unfair rather than unfair, as argued by the prosecutor.

Therefore, the above argument of the defendant's above sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is again ruled as follows. However, as long as the judgment of the court below is reversed on the grounds of the defendant's appeal, the prosecutor'

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the “a summary of the evidence” column of the lower court’s judgment, it is identical to each corresponding column of the lower judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;