The remainder, other than the part relating to the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

2. The Defendant had been punished several times due to the crime of fraud and drinking driving, and committed each of the instant crimes even during the period of probation due to drinking driving.

In particular, each fraud is intended for an unspecified person, and the nature of the crime is not good in light of the motive, attitude, method, etc.

However, considering the fact that the defendant confessions and reflects each crime, the amount of the fraud by each victim is not a large amount, the fact that the court below made efforts to recover damage, such as making an agreement with some victims or returning the money by deception, and the fact that the victim has returned the money by deception to six victims and the whole amount of the damage caused by the fraud was restored in the trial, and other various sentencing conditions specified in the records and arguments of the defendant, such as the defendant's age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the court below's punishment (ten months) is somewhat inappropriate.

Defendant

The argument is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.