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

2. The amount of the Defendant’s defraudation exceeds KRW 71,300,000,000, and the fact that the number of victims is up to 7,00,000, and that no particular measures for recovery of damage have been taken until the trial is in the court is disadvantageous

However, considering all of the sentencing conditions indicated in the records of this case, such as the confession of the defendant, the fact that the defendant has committed a crime, the fact that part of the interest is deemed to have been paid to the victims, the elderly and the fact that health conditions are not good due to the brush operation, the fact that there is no specific criminal records except for a punishment once by a brush punishment, and the character and conduct of the defendant, the motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;