The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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 unhued and unreasonable.

2. We also examine the unfair sentencing cases between the accused and the prosecutor.

The Defendant’s crime of this case was committed by deceiving the victim D by deceiving the victim D even though he did not take over the construction claim and the right of possession of the E apartment, and the crime of this case was committed with heavy nature in light of the means and method of the crime, the amount of damage, etc., and the fact that the Defendant was sentenced to the suspension of the execution of imprisonment twice for the same kind of crime is disadvantageous.

However, in full view of all other circumstances, including the defendant's age, sex behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and the sentencing conditions in the arguments and records of this case are deemed unfair because the sentence imposed by the court below is too unreasonable, in full view of the following circumstances: (a) the victim did not want the punishment against the defendant; (b) the victim paid 38 million won to the victim; (c) the victim was fully restored; (d) the amount equivalent to the amount of damage is expected to have been spent as expenses related to the transfer of the right to occupy and use the E apartment; and (e) the amount equivalent to the damage appears to have not been punished for the same crime from around 2008; and (e) the defendant's age, sex behavior, environment, motive and method of the crime; and (e) the circumstances after the crime.

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

3. As such, 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 decided again as follows after the pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal is not dismissed as long as the judgment of the court below is reversed due to the defendant's grounds for appeal). [The reasons for the second judgment]