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

2. The crime of fraud in the middle and high-class trading is an unfavorable circumstance to the Defendant, such as the following: (a) the crime of fraud in the middle and high-class trading is deemed to disrupt a sound order in the middle and high-class trading; (b) there is a need to strictly punish social harm to prevent the recurrence; (c) the Defendant committed each of the instant fraud in a business and organized manner with accomplices; (d) the Defendant committed the crime of fraud in the middle and high-class trading; and (e) the Defendant did not agree with the victim of the case.

However, the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, and that the family members and branch members of the defendant seems to be clear of social relationship, such as leading the defendant by wanting the defendant to take a preference against the defendant. The crime of fraud and each of the crimes of this case in the judgment of the court below, which became final and conclusive, should take into account the case of concurrent crimes in accordance with the latter part of Article 37 of the Criminal Act, and that the defendant has reached an agreement with the victim I of this case, which is favorable to the defendant.

In addition, considering the various sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, health conditions, etc., the sentence of the court below is somewhat inappropriate.

3. In 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 with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30(Fraud) of the Criminal Act, each of the relevant provisions of the Criminal Act and the choice of punishment for the crime;