A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The victim E’s amount of damage caused by the Defendant’s act of deceitation of this case reaches KRW 45,655,090, and the Defendant was unable to repay the amount of damage to the victim until now and did not reach an agreement with the victim is disadvantageous to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the defendant to commit the crime of this case and the fact that the defendant reflects his mistake through the living under confinement for about four months, the defendant's failure to perform his business due to the default of his trader, and the fact that the defendant does not have the same criminal record, the location of the defendant supporting his family, etc., and the circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances favorable to the defendant, the character and conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime, etc., the sentence of

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each 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 Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of fraud around December 201, No. 3-200, a year table of crimes committed in the annexed Form No. 3 with the largest penalty);

3. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal);

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.