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

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. 이 사건 범죄에 대한 양형기준 권고 형의 범위 [ 유형의 결정] 사기 > 일반 사기 > 제 2 유형 (1 억 원 이상, 5억 원 미만) * 피해자 1명, 피해금액 합계 1억 4,400만 원 [ 특별 양형 인자] 감경요소: 피해자에게도 범행의 발생 또는 피해의 확대에 상당한 책임이 있는 경우 [ 권고 형의 범위] 감경영역: 6⅔ 월 ~2 년 6월( 동 종 경합범 처리방법에 따라 합산 결과 가장 중한 단일범죄보다 유형이 1 단계 높아 지는 경우로서 형량범위 하한 10월의 1/3 을 감경)

2. The sentencing guidelines for final and conclusive crimes as indicated in the judgment [the scope of punishment subject to recommendation] shall be the type 3 (50 million won or more, or less, five billion won or less) of general fraud * Two victims, the total amount of damage 590 million won or more (special sentencing factors] mitigated element: Where victims are fully responsible for the occurrence of a crime or the expansion of damage; [the scope of punishment subject to mitigation] mitigated area: From one year to four years (where the type of crime is higher than the most severe one crime as a result of addition according to the method of handling concurrent crimes, the minimum sentence scope shall be mitigated by 1/3 of June of each year or six).

3. The scope of recommendation of sentencing guidelines when a judgment is rendered simultaneously with the final and conclusive judgment in the judgment [the type of recommendation] [the scope of punishment [the amount of recommendation] in the case of the final and conclusive judgment [the range of punishment] 3 types of general fraud [the amount of 50 million won or more, and less than 5 billion won] * three victims, the total amount of damages 7340 million won or more [the amount of special sentencing person] reduced area where the victim also has a considerable responsibility for the occurrence of a crime or the expansion of damage [the scope of recommendation] reduced area: one year to 4 years (a year and 1/3 of the lowest sentence range shall be mitigated when the type of a single crime among the aggravated crimes is higher than that of the aggravated one as a result of addition according to the method of dealing with concurrent crimes].