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

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

2. The lower court determined a sentence within the scope of the recommended punishment on the sentencing guidelines by taking into account the favorable circumstances, such as the fact that the amount of deception is not large, the fact that the Defendant was punished for the same offense, the fact that the Defendant was led to the confession, the amount equivalent to the amount of the amount of the defrauded, and the fact that the victims do not want the punishment (Provided, That there is an intention to change the victim E after the preparation of the agreement).

Since the defendant paid 20 million won to the victim E in the first instance court and fully repaid the amount of damage, the sentence of the court below is inappropriate in light of the changed sentencing conditions in the first instance court.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 admitted by the court are the same as the corresponding columns 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. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Normal consideration prior to the reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order;