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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. We examine the judgment, and consistently recognize the Defendant’s mistake from the date of the second police investigation to the date of the first instance trial.

In the past, the defendant was under agreement with the head of the NAC and the defendant, and the above victims wanted to be the defendant's wife, and deposited 100,000 won with the victim E as the truster.

The Defendant was detained on September 25, 2017 and detained for not less than two months in the instant case, and had sufficient opportunity to return his own life and to reflect the instant crime.

I seem to appear.

It is also necessary to take into account the fact that the defendant has been endeavoring not to repeat the crime, such as continuously taking the spirit and medicine to treat his own mental illness and alcohol addiction.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relation, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment was too unreasonable.

3. In conclusion, 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, and the judgment below is reversed and it is ruled again as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 369(1) and 366 of the Criminal Act (the point of special damage), Article 347(1) of the Criminal Act (the point of fraud) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.