The judgment of the court below is reversed.

As to the crimes No. 1 and No. 2 in the judgment of the defendant, a fine shall be imposed for the crimes No. 3 in the judgment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (crimes No. 1 and 2 in its holding: Imprisonment with prison labor for 10 months, and crimes No. 3 in its holding: Fines 5,00,000) is too unreasonable.

2. The crime of fraud of this case was committed by deceiving a victim who is under detention for the purpose of preparing a criminal agreement while the defendant is under detention for the purpose of preparing an amount of his criminal agreement during the suspended execution period for the same crime, and was committed by deceiving him/her, and even though the defendant had been punished twice due to the crime of violating the Road Traffic Act (driving), the defendant committed the crime of violating the Road Traffic Act (driving) in addition, it is disadvantageous to the defendant.

However, in full view of the favorable circumstances such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., and various sentencing conditions in the records and arguments of this case, such as the defendant's age, sexual conduct, criminal conduct, circumstance after the crime, etc., the court below's punishment seems to be unfair because it is unreasonable in full view of the following: (a) the defendant recognized each of the crimes of this case from the investigative agency; (b) the victim did not want the punishment against the defendant by mutual agreement with the victim of each of the fraud of this case; and (c) the defendant's family members such as the old parents who should support the defendant; and (d) if the period of detention has expired, the period of detention

Therefore, the defendant's argument of sentencing is justified.

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 reasonable, and the following judgment is rendered after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

According to the records of this case, the defendant, on February 3, 2016, is in this court.