The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The gist of the grounds for appeal is that the court below sentenced the defendant to one year and six months of imprisonment, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the prosecutor and the defendant's assertion of unfair sentencing.

Considering the fact that the defendant has been punished for the same crime of fraud only once, and that the crime of this case is planned to raise money for gambling, and that a considerable portion of the criminal proceeds has been used as money for gambling, even though the amount of damage exceeds KRW 100 million, the defendant has not yet received a letter from the victim and most of the damage has not been recovered, it is necessary to strictly punish the defendant as a sentence.

However, in full view of the results of the sentencing review including the sentencing investigation at the trial, the defendant's family members are leading the defendant in the future, such as the defendant's previous criminal records or imprisonment without prison labor or more, and the defendant's previous criminal records and reflects them in depth during the period of detention, and the defendant's criminal records and attempts to seriously close and improve the harm of gambling during the period of detention, and the defendant's criminal records and the defendant's criminal records deposit three million won in lieu of the defendant in the trial, and the defendant's criminal records and K wanted to have the defendant's criminal records in the trial, and taking into account the various circumstances, such as the motive and background of the crime in this case, the defendant's age, character and conduct, and the environment, etc., the court below's decision seems to be somewhat inappropriate.

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.

As long as the judgment of the court below is reversed by accepting the defendant's assertion of unfair sentencing, the prosecutor's appeal on the ground of unfair sentencing is separately made.