The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that, for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (four months of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. In the crime of this case, the fact that the crime of this case was committed by deceiving the victim who had known to the general public and acquired a total of 45 million won is not good, and that the case is not less than that against the defendant in light of the amount of fraud, etc. is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant all of the crimes of this case is recognized and is against depth, that the victim does not want the punishment of the defendant, and that there is no criminal force except for the one-time punishment due to drinking driving, etc., when considering the circumstances favorable to the defendant, such as the defendant's age, family relation, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and the result of applying the sentencing guidelines of the Supreme Court Sentencing Committee, the punishment sentenced by the court below is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after oral argument since the defendant's appeal is justified.

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed by the prosecutor, inasmuch as the decision of the court below is accepted by the defendant and reversed, the appeal by the prosecutor shall not be dismissed separately from the disposition). [The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as the stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Articles 347(1) through 2, 6 and 347(4) of the Criminal Act concerning the applicable law and the choice of punishment for the crime are set forth in [Attachment] Nos. 347(1) through 4, respectively.