A defendant shall be punished by imprisonment for two years.

2. In light of the frequency of the instant crime and the amount of damage, etc., the crime of this case is bad, and the Defendant again committed the instant crime during the period of repeated crime despite having had the record of criminal punishment for the same kind of crime, etc., and the total amount of damage is about KRW 230 million, and the amount not recovered from damage exceeds KRW 80 million, etc. is disadvantageous to the Defendant.

However, there are favorable circumstances for the defendant, such as the fact that the defendant was waiting for committing the crime of this case, that the defendant deposited a considerable number of victims (amount of damage KRW 61,760,000) and deposited KRW 8.5 million in the court below, and that there was an additional agreement with the victims (amount of damage KRW 78,120,00). In addition, comprehensively taking account of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all other sentencing conditions such as the following circumstances, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

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

Application of Statutes

1. Articles 332 and 330 of the Criminal Act applicable to the facts constituting an offense;

2. Article 35 of the Criminal Act among repeated crimes;