The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant, by deceiving the victim and deceiving the victim, has not been repaid a considerable amount until now, and that the Defendant failed to properly implement the repayment plan that belongs to the contract with the victim when he reached an agreement with the victim is disadvantageous to the Defendant.

However, there is no record of criminal punishment against the defendant, the confession of the crime and the violation against the defendant when the defendant was in the trial, the defendant agreed with the victim in the trial before the judgment of the protective observation office, and the victim did not want to be punished even though the defendant failed to implement the repayment plan properly in the course of investigation before the judgment of the protective observation office

In full view of the facts stated by the defendant, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., the court below's punishment is somewhat inappropriate, and thus, the defendant's assertion is reasonable, and the prosecutor's assertion 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 with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for the crime (the fraud described in paragraph (1) of the judgment below, the choice of imprisonment), Articles 347(1) and 30 of the Criminal Act (the fraud described in paragraph (2) of the judgment below, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Criminal Act for the observation of protection;