The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination is based on the following facts: (a) the victims’ damage caused by the instant crime is high, etc.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant did not have any history of punishment for the same kind of crime; (c) the Defendant agreed with the Victim F at the lower court; (d) the Defendant repaid the Victim M in advance and agreed to the Defendant; (c) the victims wished to take the Defendant’s wife; and (d) other circumstances, such as the Defendant’s age, character and conduct; (d) the background and motive leading to the instant crime; and (e) the circumstances after the instant crime, etc., and the sentencing conditions specified in the records and pleadings, the sentence imposed by the lower court is somewhat inappropriate.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and the judgment of the court below, and thus, the gist

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(2) and (1) of the Criminal Act (the point of fraud), Article 347(1) of the Criminal Act (the point of fraud by acquiring a third party), and the choice of imprisonment, respectively;

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

1. Of the grounds for reversal under Article 62(1) of the Criminal Act, the suspended sentence is among the reasons for reversal.