The judgment of the court below is reversed.

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

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

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range (one month to one year) according to the attached sentencing guidelines.

However, the defendant agreed with the victim in the appellate trial.

In full view of the contents of deception, the source of borrowing funds, and other factors of sentencing, the determination of the original sentence is deemed unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;