The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant did not obtain a certain amount of money obtained by deception from the victim due to the instant crime, and that it did not reach an agreement with the victim until the trial of the case is disadvantageous.

However, the Defendant has long been sentenced to a minor fine on one occasion and has no specific history of punishment, which is against the fact that the Defendant has inflicted damage on the victim during his life in custody, and the Defendant deposited 7 million won, which was difficult to make his father in the court of trial, in the name of the victim. On November 19, 2013, the Defendant deposited 7 million won with the Busan District Court Decision 2000,000 won as the deposit money in Busan District Court 200,000 won.

Above all, while accompanying the defendant for about three months as stated in the judgment of the court below and consuming a considerable portion of the funds obtained through deception with the victim for entertainment expenses and living expenses, etc., the defendant's punishment is too unreasonable considering the following circumstances: (a) the brain divesally disabled person under the real name of the left side, and the female dives who are divorced from the old parent due to the climatic pressure, high blood pressure, urology, etc.; and (b) the female dives who can have been able to engage in daily economic activities together with the two kives who are going to work for the company; or (c) there has been considerable difficulties in raising the female kives and economic activities due to the defendant's detention; and (d) the circumstances leading to the crime of this case, relationship with the victim, the defendant's health condition, personality and behavior, and the environment of the defendant, the punishment of the court below sentenced to the defendant is too unreasonable.

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 with merit.

Criminal facts

Criminal facts and the summary of evidence recognized by this court shall be the original judgment.