A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

It is disadvantageous that many victims have committed a crime using trust relationship, and that the amount of fraud is a total of 82 million won.

However, in full view of the facts that the defendant recognized his mistake, that is the primary offender, that the whole amount of the fraud was paid to the court, and that all the victims agreed with, and other various sentencing conditions specified in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the age of the defendant, the character and conduct environment, etc., the judgment of the court below is deemed unfair, and the defendant's assertion is reasonable.

Therefore, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;