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

Seized evidence Nos. 1 (5,000, cl.s. 5,000) and

A. The sentence of the lower court (one month of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Although there are circumstances to consider the circumstances, such as the victim G and M, etc., the defendant led to the crime, and there is an agreement with the victim G and M, the amount obtained by the crime of this case is not only a large amount of KRW 350 million,00,000,000, but also a large amount of money obtained by the crime of this case by deceiving the victim by deceiving the victim to make an investment in purchasing a ledger for the custody of the gold bullion, which is the non-funds of the former president, and then suggesting the forged amount of investment in order to demand the return of the investment money, the method of committing the crime is very poor; the defendant is also highly likely to repeat the crime by taking into account the following facts: the defendant, including punishment, committed more than three times without being aware of the previous criminal records including the same type of punishment, and committed more than three times or less frauds, and all of the arguments and the sentencing conditions of the crime of this case, including the defendant's age, career, sexual behavior, the background of the crime of this case, and the circumstances after the crime, etc.

Therefore, the prosecutor's improper argument of sentencing is justified, and the defendant's improper argument of sentencing is without merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is without merit, but the prosecutor's appeal is with merit, and it is again decided as follows.

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

Application of Statutes

1. Articles 347(1) and 30 (the fraud of each case in 2015 order group 2726) of the Criminal Act regarding criminal facts, each of the respective criminal provisions, and Article 347(1) of the Criminal Act (the fraud of each case in 2016 order group 210 and order 7816 order group 2016 order group 781).