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 became final and conclusive.

2. The crime of this case requires strict punishment against the defendant, considering the fact that the defendant deceivings victims over a long-term period of time to acquire money as the pretext of investment in insurance products and the quality of the crime is not good.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is justified. In so doing, the lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant was the first offender; (b) the victims submitted an application for a punishment not to impose a request for the Defendant’s favor in the trial; and (c) the Defendant’s age, sex and environment; (d) the motive, means and consequence of the crime; and

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including fraud against victim D), and Article 347(1) of the Criminal Act (with regard to fraud against victim C, collectively taking into account fraud of victim C), and Article 347(1) of the Criminal Act

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes under Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the sum of the long-term punishments for the above two crimes)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2(1) of the Criminal Act concerning community service order, protection observation, etc.