A defendant shall be punished by imprisonment for four months.

2. In light of the fact that the defendant was sentenced one time to a punishment for the same crime of fraud, three times of fines, the amount of damage in this case exceeds 70 million won, the court below did not detain the defendant legally, taking into account the fact that the defendant was paid additional repayment, and even though the court below granted a considerable period of time until the date of the closing of argument for the repayment of damage, the amount of damage not recovered up to the present day exceeds 30 million won and did not agree with the victim, etc., the sentence of the defendant is inevitable.

However, in light of the fact that the defendant recognized the facts charged in this case, the defendant deposited a total of KRW 36 million for the victim at the court below, deposited a total of KRW 7 million at the court below, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the court below's punishment is somewhat unreasonable. Thus, the defendant's argument is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;