A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the prosecutor by the court below on the defendant (ten months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the court below is too unreasonable.

2. On each argument by the public prosecutor and the defendant, there are extenuating circumstances such as the following: (a) the amount obtained by deception of the crime of this case reaches KRW 120 million; and (b) the victims seem to have suffered a considerable material or mental pain due to the crime of this case; (c) on the other hand, the defendant confessions all the crime of this case at the time of the trial and reflects his mistake; (d) the defendant fully repaid the amount of damage to the victim G during the trial; (e) the amount of damage was fully repaid to the victim G; (e) the victim C repaid the amount of KRW 50 million out of the amount of damage amount to KRW 70 million; and (e) deposited the amount of KRW 20 million with the victim; and (e) other favorable circumstances such as the fact that there was no record of punishment for the same kind of crime; and (e) the records and arguments in this case, such as the Defendant’s age, character, and nature, environment, health conditions, etc., the punishment sentenced by

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for adding “1. Defendant’s trial testimony” to the summary column of the evidence, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);