A defendant shall be punished by imprisonment for not less than one year and six months.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. There are also extenuating circumstances, such as the fact that the judgment defendant has been sentenced to a sentence due to the same crime, the fraud amount to KRW 400 million, and the victim who submitted a written agreement from the original court to the lower court submitted a written application for the punishment of the defendant at the trial.

However, considering the favorable circumstances such as the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable, because it is too unreasonable to consider various sentencing conditions such as the defendant's age, character, environment, criminal records, motive of the crime, means and consequence.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;