The judgment of the court below is reversed.

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

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 lower court (eight months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (eight months of imprisonment) is too unhued and unfair.

2. Determination on the grounds of appeal by the Defendant and the Prosecutor is that the method or the nature of the instant crime is not good, that the victim wants to punish the Defendant, that the Defendant had been punished several times in the past, and that the Defendant did not agree with the victim, etc. are disadvantageous to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the amount of damage caused by the act of deceitation of this case is relatively less than KRW 20 million, the defendant deposited KRW 32 million in the trial of the party, the victim also has a responsibility to a certain extent, such as the occurrence of the crime of this case by making transactions with the defendant with the intent to obtain high profit in a short period, the defendant confessions in the trial of the party and is against the living in custody, and the defendant is responsible for the livelihood of his family, the circumstances and environment favorable to the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, and the circumstances after the crime, etc., and the judgment of the court below is somewhat unreasonable. Thus, the above argument of the defendant is reasonable, and the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed on the ground that the prosecutor's appeal is without merit. Since the defendant's appeal is well-grounded, the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is recorded in each corresponding column of the judgment of the court below, except in the case where the "part of the defendant's court statement" in the summary of the evidence of the court below is deemed as "the defendant's court statement in the trial".