A defendant shall be punished by imprisonment for one year.

2. On May 13, 201, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Eastern District Court on May 13, 201, and was sentenced to a suspended sentence of three years on May 21, 201, and the judgment became final and conclusive on May 21, 2011, and committed the instant crime of the same kind without being aware of the fact that the Defendant committed the instant crime against two victims, not only committed the crime of fraud in a planned manner but also committed the crime of fraud, such as the amount obtained by deception amounting to a total of KRW 198 million, which is not good quality; the Defendant paid to the victim D only to the victim amounting to KRW 16 million, and has not yet been recovered to the extent that the damage still occurred; the Defendant did not repay the loan to the victim G, and the victim G wanted to take the Defendant against the severe punishment at the trial of the victim G.

However, the fact that the defendant's mistake is against the defendant, and the defendant's health status is not good because he/she was administered in the U.S. cancer, is favorable to the defendant.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.

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 with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column 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 and Articles 347 (1) of the Criminal Act and each of the imprisonment with prison labor for the selection of criminal facts;