The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

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

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

2. In light of the fact that the amount of damage caused by the instant fraud crime is a large amount of KRW 100 million, and the victim wants to impose a severe punishment, the crime is bad in view of the relationship between the Defendant and the victim, the method of deception, etc., and the damage has not yet been fully recovered, a sentence of sentence is inevitable against the Defendant.

However, in full view of the following circumstances: (a) the Defendant was found to have committed the instant crime for the first time; (b) there was no record of committing the instant crime; and (c) the lower court deposited KRW 30 million for the victim; and (d) the Defendant’s age, occupation, sex, environment, family relationship, motive and circumstance before and after the instant crime; and (b) other various factors that form the elements of sentencing as indicated in the instant records and pleadings, including the Defendant’s age, occupation, sex, environment, family relationship, motive and circumstance before and after the instant crime; and (c) the sentence imposed by the lower court against the Defendant is somewhat excessive.

Since the defendant's improper argument of sentencing is reasonable, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled again as follows (as long as the judgment of the court below is reversed on the grounds of the defendant's appeal on the grounds of the defendant's appeal, the prosecutor's appeal shall not be dismissed separately). [The part concerning the criminal facts against the defendant recognized by the court in charge of criminal facts and the summary of the evidence and the summary of the evidence are as follows: "1. The defendant's partial statement in court" is the same as the statement in each corresponding column of the judgment of the court below in addition to revising "1.1. defendant's own court statement"

Application of Statutes

1. Criminal facts;