The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant acquired money exceeding KRW 40 million from the injured party for a period exceeding five years, and considering the relationship with the injured party, the amount of the defraudation, etc., the fact that the crime of this case is not good.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, that the defendant has no record of being punished for the same kind of crime, and that the victim does not be punished for the defendant by agreement with the victim when the defendant was in the first instance.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the sentence imposed by the lower court is too unlimited and is deemed unfair, and thus, the Defendant’s assertion is reasonable.

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 again decided as follows after pleading (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting a crime and evidence acknowledged by the court is as stated in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act). The application of statutes is as follows.

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;