A defendant shall be punished by imprisonment for not less than one year and six months.

2. The crime of this case is that the defendant deceivings victims to sell secondhand agricultural machinery as if they were to sell them, and the nature of the crime is not good in light of the form of deception, the majority of the victims, the period of the crime is a long-term, and the amount of fraud is not less than KRW 110 million,00,000,000 in total, and the records of the criminal defendant's punishment for the crime of fraud were reached 11 times in total (one time in actual punishment, one time in suspended execution, and nine times in total) and in particular, ten months in imprisonment with prison labor for fraud, etc. on March 26, 2010.

5. 5. It is recognized that the Defendant committed the instant crime of the same kind during the period of repeated crime after completion of the execution of the sentence.

However, considering the defendant's age, character and conduct, environment, means and consequence, etc. of the defendant's criminal act, the punishment imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 Article 347(1) of the Criminal Act (in the case of fraud under paragraph (1) at the time of sale, Article 30 of the Criminal Act shall be added) and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for repeated crimes;

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