The part against the defendant shall be reversed.

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

except that this judgment.

2. The crime of this case, in collusion with R on April 20, 2012, the Defendant acquired KRW 11.6 million from the victim AW as a prepaid, and the Defendant alone acquired KRW 12 million from the victim AB and W to October 31, 2012 on two occasions during the period from September 19, 2012 to October 31, 2012. The crime of this case is not easy to say, and the Defendant has been punished five times by a fine due to the fraud due to the acquisition of prepaid money in the past.

However, in full view of all the circumstances that are favorable to the defendant, such as the defendant's confession and living in custody for not less than two months, the defendant's entire amount of damage was paid to the victim W and the victim was not punished for the defendant, the defendant deposited 50 million won for the victim AB, and the defendant deposited 3 million won for the victim AB when the defendant was in a trial, and the defendant did not have any other punishment power than the aforementioned force, etc., the circumstances favorable to the defendant, the character, conduct and environment of the defendant, the circumstances and results of each of the crimes of this case, the circumstances after the crime, etc., as well as the circumstances after the crime, etc., the punishment imposed by the court below is deemed unfair. Thus, the defendant's above assertion is justified.

3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Aggravation for concurrent crimes;