The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The prosecutor of the grounds for appeal and the defendant asserts that the sentencing of the court below against the defendant is too minor or unreasonable.

2. According to the records, there are circumstances, such as that the amount of fraud by the defendant is a large amount of KRW 55.9 million and actively deceiving the victim, etc., which are not good quality of the crime.

However, the sentencing of the court below is unfair in light of all the circumstances, including the defendant's age, occupation, character and behavior, family environment, motive for the crime, etc., the defendant's age, occupation, personality and behavior, family environment, motive for the crime and circumstances after the crime, etc., and the sentencing of the court below is too unreasonable in light of the following: (a) the victim was unable to punish the defendant by mutual consent with the victim; (b) the defendant was punished for the violation of the Road Traffic Act; (c) the defendant did not have any criminal records, except for one time before and after the fine for the violation of the Road Traffic Act; (d) the defendant has an opportunity to reflect through confinement life; (e) the defendant has a

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

(On the other hand, since the prosecutor's argument is without merit, the judgment of dismissal of the appeal shall be pronounced, but the judgment of the court below shall be reversed, and the judgment shall be reversed, and the order shall not be indicated separately in the order). Criminal facts and the summary of evidence against the defendant recognized by the court shall be the same as the corresponding column of the judgment of the court below, and thus, they shall be

Application of Statutes

1. Article 347(1) of the Criminal Act, the choice of imprisonment with labor, inclusive, with respect to the relevant criminal facts;

1. It is so decided as per Disposition on the ground that the suspended execution is above Article 62(1) of the Criminal Act (the conditions favorable to the defendant in the judgment of the above paragraph (2));