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

2. It is recognized that the Defendant, who has been sentenced to a fine and a penalty on several occasions, has been sentenced twice to a fine for the same kind of crime, and has been sentenced five times, and that the Defendant repeatedly committed each of the crimes of this case during the repeated crime period due to the same type of crime, in light of the forms and methods of each of the crimes of this case, etc., the liability for the crime of this case is grave, and that the amount of fraud exceeds a total of 26 million won, and that the damage recovery has not been completely achieved.

However, considering all of the sentencing conditions in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too unreasonable, considering the following: (a) the Defendant has led to the confession of all of the crimes; (b) the victims have been repaid part of the damages to the victims and agreed with the victims; and (c) the victims have not want to punish the Defendant; and (d) the victims have not been punished.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

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 below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (to be collectively punished by victim and to be punished by imprisonment);

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in a crime of fraud against victims E with heavy circumstances);