The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant by the Prosecutor (eight months of imprisonment) is too unhued and unreasonable.

B. The lower court’s sentence against the Defendant is too unreasonable.

2. Under the judgment, the sentencing of each of the public prosecutor and the defendant is examined together.

It seems that the defendant would not have much tangible and intangible damage caused by this case for more than 3 years, such as the fact that the amount of the fraud of this case is a large amount, and the victim is in charge of the interest on the loan.

However, there are favorable circumstances such as that the victim would have recovered the amount of KRW 54 million through a voluntary auction procedure on the secured real estate on November 201, 2017, and that the defendant had no record of criminal punishment since 1995. Furthermore, although the defendant argued about the facts of deception and the criminal intent of deception in the court below, it appears that he/she had the attitude of acknowledging and opposing his/her mistake in the first instance, and that he/she deposited the amount of KRW 47 million for the victim under the report on collection restriction at the court below's judgment can be evaluated as changes in the sentencing conditions at the court below.

In addition, in light of the sentencing guidelines for sentencing and the enactment of the Supreme Court's sentencing committee, etc., the sentence of the court below is too unfair because it is too unreasonable in light of the following factors: the defendant's age, sex, family relation, circumstances leading to the crime, and results; and 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. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and it is again decided as follows (the prosecutor's appeal is without merit, but the decision of the court below is reversed by accepting the defendant's appeal, and the prosecutor's appeal