The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. We examine both the Defendant and the Prosecutor’s respective arguments regarding the grounds for appeal by the Defendant and the Prosecutor.

The crime of this case is that the defendant deceivings the victim and 373,000,000 won in total from the damaged person under the pretext of investment money and partner loan.

The amount of fraud is reasonable, and the crime of this case is serious in light of the details of the fraud and the method of fraud.

On July 10, 2018, the Defendant not only recognized the crime of this case for the first time, but also decided on July 10, 2018 that the damaged person would not be punished against the Defendant.

In addition, there is no record of punishment exceeding a fine.

In addition, in full view of various sentencing conditions as shown in the arguments in the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

B. The applicant filed a written agreement to the effect that he/she received damages from the Defendant in the trial, and the written application stating his/her intention not to want the punishment of the Defendant.

Therefore, the application of the applicant for compensation falls under cases where the existence and scope of liability for compensation is not clear due to the above agreement.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment is again rendered after pleading (as long as the judgment of the court below is reversed due to the defendant's appeal on the grounds of its reasoning, the prosecutor's appeal is not dismissed in its order) and the application for compensation by the applicant for compensation is filed under Article 32(1)3 of the Act on Special Cases Concerning