The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. It is recognized that the amount acquired by deception through the instant crime is not a certain amount of KRW 61 million, and that it is not a full recovery of the victim’s damage.

B. However, in full view of all the circumstances, including the Defendant’s confession, the Defendant’s confession of the instant crime, the first offender who has no record of criminal punishment, the Defendant agreed with the victim when he was sentenced to criminal punishment, the victim did not want to be punished against the Defendant, the Defendant sent his prison life for more than two months, and the Defendant’s age, character, conduct and environment, the background and result of the instant crime, the circumstances after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, it is deemed that the sentence imposed by the lower court is somewhat unreasonable.

C. Therefore, the defendant's above assertion is justified.

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

(1) In light of the above legal principles, a prosecutor’s appeal is justified, and the court below’s appeal is reversed, and the prosecutor’s appeal shall not be dismissed in its decision). In light of the above legal principles, the summary of criminal facts and evidence admitted by this court is as follows: “Partial statement of the defendant” in the summary of the evidence as indicated in the judgment below, except where the court below’s “written statement of the defendant is deemed as a “written statement of the defendant at the trial of the defendant,” and thus

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 ( considered circumstances favorable to the defendant);