A defendant shall be punished by imprisonment for a term of one year and four months.

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

2. In light of the fact that the amount of the instant fraud is close to KRW 200 million, and the economic damage of the victims caused by the Defendant, other than the amount of the said fraud, seems to be considerable, the nature of the crime is not somewhat weak.

However, in light of all the circumstances that led to the instant crime, including the motive, means and result, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and the sentencing conditions specified in the records and arguments, even if considering the aforementioned unfavorable circumstances, it is recognized that the punishment imposed by the court below against the defendant is too unfair because the conditions of sentencing are changed in the first instance trial, and thus, the punishment imposed by the defendant is too unreasonable.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column 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. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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 stay of execution (Consideration of history as seen earlier);