특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
In light of the above legal principles, the court below erred by misapprehending the legal principles as to the presumption of good faith, and did not err by misapprehending the legal principles on the presumption of good faith, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles on the presumption of good faith, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles as to the presumption of good faith, as otherwise alleged in the ground of appeal.
In addition, the defendant's age, sexual conduct, environment, motive and background of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the records, such as the circumstances after the crime was committed, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case (one year to six years of imprisonment) / [decision of the type] group of fraud, general fraud, and three types (one to five billion won) [special sentencing factors] / Where the risk of damage is not substantially realized for an unspecified or large number of unspecified victims or repeated crime for a considerable period: Where the victim is not considerably responsible for the occurrence or expansion of damage, some of the punishment sources [the scope of recommended punishment], one year and six months of imprisonment [the criteria for suspended execution], where substantial damage is considerably small or considerably damaged, the amount of punishment is not recovered, there is no positive reason for suspension of execution (one year to five billion won of imprisonment), and most of the criminal acts are not recovered.