The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant’s crime of this case is not easy to commit the crime by deceiving approximately KRW 60,00 from the victim by taking advantage of trust relationship.

However, the defendant recognized the crime of this case and is in depth divided, and the victim does not want the punishment against the defendant by mutual consent with the victim.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the lower judgment, except where the “1. Defendant’s partial statement” in the summary of the evidence written in the lower judgment as “1. Defendant’s oral statement” is deemed as the “court statement at the trial of the first instance,” and thus, it is also cited as it is in accordance with

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);