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

2. The amount of the judgment by fraud (130 million won) is not much, and the amount of the deposit already established in the multi-family house is obtained by deceiving the amount of the deposit from the lessee victims, and thus the crime is not very good, and the damage to the victim F is not completely recovered, is an unfavorable condition to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, and that the multi-family house of the defendant was sold by auction and the victim J received dividends of KRW 70 million and the damage was recovered, and that there was no particular criminal history in addition to the fact that the defendant was punished twice due to the crime of this case, the fact that there was no specific criminal history is favorable to the defendant.

In addition, taking into account the following factors: the Defendant’s age, sex, environment, family relationship, motive and background of the crime, and the scope of recommended sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court [the scope of recommended punishment] of the type 2 of the general fraud [the scope of recommended punishment] [the scope of punishment] of the basic area (the number of years from 8 to 4 years of imprisonment, and the number of years from 100 million to 50 million won as a result of the combined crimes of the same kind] (the number of persons who are in special sentencing shall be mitigated by 1/3 of the lowest limit of the recommended sentence] of the basic area (the number of years from 8 to 4 years of imprisonment, the number of years from 100 to 10

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of the facts constituting the crime of this case and the defendant's summary of the evidence are identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment (the imprisonment of each party);