A defendant shall be punished by imprisonment for four months.

2. In light of the fact that the Defendant, who was sentenced to a fine to commit the same type of fraud crime and was sentenced to a suspended sentence for the same crime, was again sentenced to imprisonment due to the occurrence of the same crime, and the Defendant committed each of the crimes in this case under the same veterinary law as the previous one during the period of detention after being detained and released due to the expiration of the period of imprisonment, it is not clear that the Defendant’s opening of the crime is weak and is highly likely to repeat the crime.

However, considering the fact that the defendant reflects the defendant's mistake, additional repayment to 6 victims in the trial, 17 victims expressed their intention of not to punish, 15 victims' living conditions, and the fact that the crime of this case is deemed to have been committed due to living conditions, considering the circumstances favorable to the defendant, the punishment imposed by the court below is too unreasonable, considering the following circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and circumstances after the crime.

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 the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In a judgment on the grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, the punishment is imposed as ordered for the same reason.