The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The judgment is based on the following facts: the instant crime is a systematic fraud crime; the amount of the defrauded money is very large as 4.2 million won; the victim F (hereinafter “victim”) lent the above defrauded money to the Defendant as a bond; the victim F (hereinafter “victim”) was able to deliver the money to the Defendant; the company substantially operated by the victim was not insolvent due to the instant case; the victim was significantly damaged by the victim; the degree of participation was considerably significant by directly deceiving the victim from the victim to receive KRW 4.2 million from the victim; and the profits acquired by the Defendant from the instant crime are at least 10 million, disadvantageous to the Defendant.

However, in full view of various sentencing conditions shown in the arguments of this case, including the confession of the crime of this case and the fact that the defendant made a confession of the crime of this case, the defendant did not have the record of punishment for the same kind of crime, and the fact that the defendant agreed smoothly with the victim during the trial of this case, and other character, character, environment, circumstances and result of the crime of this case, circumstances after the crime of this case, equality with the accomplice for whom the judgment has become final and conclusive, the judgment of the court below is somewhat unreasonable, and therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing

3. In conclusion, the prosecutor's appeal is without merit, and the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment below, except for addition of “the Defendant’s oral statement” to the column for the evidence of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.