A defendant shall be punished by imprisonment for six months.

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

The fact that there has been a history of punishment of a fine for the same kind of fraud, and that there is no record of repeatedly committing a crime against five elderly victims, and that the amount of fraud is a large amount of 64 million won. Nevertheless, until this court, the agreement with two victims was reached, but no damage was restored due to the credit agreement is disadvantageous.

However, it is advantageous that the defendant's mistake was recognized by the court, and that the defendant agreed with I, which is the wife of the victim H (the amount of damage KRW 40 million) and the network F (the amount of damage KRW 10 million). In addition, in full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct environment, etc., the court below's punishment is somewhat unreasonable and it is recognized that the defendant's argument is reasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided 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 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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