The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case by the defendant for the judgment of the court below is that if the defendant invests the test cost, etc., he will pay the profits.

The defendant is deemed to have committed the crime of this case, such as deceiving four victims and deceiving 48 million won, which is disadvantageous to the defendant, such as the fact that in light of the content of the crime and the amount of fraud, the responsibility for the crime is heavy, the defendant has been punished several times for the same crime, and the defendant has committed the crime of this case when he/she commits the same crime during the period of repeated crime

However, it seems unfair because the court below's punishment against the defendant is too uneasy and unfair because it is too unreasonable because it is too too unreasonable, considering various circumstances, such as the defendant's age, sexual behavior, environment, etc., when the defendant led to the confession of the crime of this case, the victim does not want the punishment of the defendant, the defendant appears to have additionally repaid to the victims for the recovery of damage in the trial. The defendant actually performed the artificial test construction, but it appears that the defendant borrowed money at high interest rate, and the defendant's club fee seems to have been relatively clear in terms of the crime of this case.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows. However, the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal.