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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. The crime of this case was committed in such a way that it is not good that the defendant acquired money from the victims through job placement to 50 million won, and the defendant has used to purchase a sports soil or to repay bonds with the money acquired by the defendant. However, the defendant all of the crime of this case is led to the confession of all of the crime of this case, and his mistake is divided in depth, and the victim has paid 17 million won during the trial of the court of the court below and paid 15 million won and 18 million won during the trial of the court of the court of the case. The victims have not been punished, and the victims do not have any other criminal records except for those who have been sentenced to a fine for violation of the Road Traffic Act in 2004, and there are no other criminal records except for the defendant's age, character and conduct, family relationship, circumstances of the crime of this case, the method and method of the crime of this case, and circumstances after the crime, and thus, the defendant's assertion that the above defendant's punishment is unfair and reasonable.

3. As such, the defendant'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 it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment determined in the crime of fraud against victim G with heavier penalty);

1. The Criminal Act, the suspension of execution;