A defendant shall be punished by imprisonment for three years.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The conclusion that the Defendant recognized the instant crime, thereby opposing his mistake.

However, in light of the fact that the crime of this case was committed by the Defendant using the status of care and deception, which is not good to the quality of the crime, the sum of the acquired money is more than 200 million won, and the sum of the acquired money is more than 337 million won, and in particular, the number of times the Defendant received money from the victim E is more than 337 times, the Defendant does not seem to have made efforts to recover damage, there are the same previous charges as the Defendant was sentenced to imprisonment with prison labor for a year and six months, and other circumstances (the sentencing range according to the sentencing guidelines is one year to four years), which are the conditions for the sentencing specified in the argument of this case, such as the Defendant’s age, power, environment, and conditions before

3. As such, the prosecutor's appeal is with merit, and 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.

(2) Article 369 of the Criminal Procedure Act provides that “An appeal by a defendant shall not be dismissed unless the original judgment is reversed on the grounds that the appeal by a public prosecutor is well-grounded).” Criminal facts and summary of the evidence are facts constituting an offense by a defendant recognized by the court and summary of the evidence are as stated in the corresponding column of the original judgment, thereby citing it as it is

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act as aggravated concurrent crimes are as stated in the preceding part of Article 37 of the Criminal Act;