A defendant shall be punished by imprisonment for two years.

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment shows the attitude of the defendant to accept and reflect his mistake, and some victims have paid money under the pretext of principal and interest, and there are favorable circumstances such as the defendant has no criminal record for the same kind of offense.

On the other hand, this case, however, by deceiving five victims to prevent the defendant from returning his/her debt repayment, is not less than 300 million won in light of the contents and results of the crime, and the scale of damage, etc.

In addition, the Defendant, after committing the instant crime, escaped to a foreign country for a considerable period of time, and most of the damages have not been recovered.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too uneasible.

Therefore, the above argument by the defendant is without merit, and the prosecutor's above argument is with merit.

3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows (as long as the court below accepted the prosecutor’s appeal and reversed the judgment of the court below, the defendant’s appeal shall not be dismissed separately from the disposition) (Article 364(6) of the Criminal Procedure Act). [The summary of criminal facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (Article 30 of the Criminal Act as to fraud of victim F, J, and Q) and the choice of imprisonment, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.