A defendant shall be punished by imprisonment for not more than ten months.

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The fact that the defendant has a number of criminal records of the same kind, in particular, committed each of the crimes of this case during the grace period after the judgment of 10 months of imprisonment with prison labor for habitual fraud in 201 and 2 years of suspended execution became final and conclusive, and the crime of this case was committed during the grace period, the conclusion of a contract on collateral in spite of no intention or ability to sublet the building, the crime was committed by acquiring money through the Internet transaction, and by deceiving money under the name of the proceeds. The 17 victims by deceiving the amount exceeding 22 million won for the 17 victims, and the damage amount was not recovered even until now.

However, the court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant has committed a crime against himself through a six-month confinement life; (b) the defendant has paid 9.1 million won in total for eight victims during the trial of the court below; (c) four additional victims have agreed to pay 1.1 million won in total for four victims; and (d) efforts have been made for recovery of damage by agreement with them; (c) half of the total amount of damage has been paid; (d) there has been family members to support; (e) the wife of the defendant has wanted the defendant to take the preference against the defendant; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character, conduct, and environment of the defendant, as shown in the records and arguments of this case, are considered.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.