The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. In light of all the circumstances, including the fact that there is no agreement with the victim on the grounds of appeal (unfair punishment) and the fact that there is a history of punishment for the same kind of crime, the punishment (one year of imprisonment (two years and six months) imposed by the court below is too uncompared and unfair.

2. The crime of this case is deemed to have been received KRW 128,80,00 from the victim by making a false statement that the defendant would have invested in the gold auction business in order to raise money necessary for the repayment of his/her obligation under the absence of an intent to invest in the gold auction business. The victim, who had been well aware of the defendant before and after the crime of this case, was a person who operated the laundry house that had frequently attended by the defendant, and the defendant is not good to commit the crime by taking advantage of his/her personal trust relationship with the victim, and by taking the money through taking advantage of the victim's trust. The defendant was not only aware of Incheon Customs, which is a state agency for the crime, but also did not take the conditions before and after the victim, and did not recover damage to the victim. The defendant did not appear to have been used from the victim, and the defendant did not appear to have been subject to punishment after the crime of this case by taking account of all the circumstances such as the defendant's motive to commit the crime of this case, and the defendant's motive and circumstances leading up to the crime of this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.