The punishment of the accused shall be determined by ten months of imprisonment.

provided that this ruling has become final and conclusive.

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

Judgment

It is a favorable sentencing factor for the following reasons: (a) the victim is a majority of the victims by the instant crime; (b) the sum of the defraudeds is more than KRW 270 million; (c) the Defendant committed the crime is very severe; (d) the Defendant has no record of having been punished for the same criminal record; (e) the victims of the fraud of the borrowed money has been paid a considerable amount of damage as interest; (b) the victims of the purchase and sale of the used goods have been fully recovered; (c) the Defendant agreed with the victims E and F; (d) the Defendant paid the victim KRW 30 million with the mother of the victim D; and (e) the Defendant paid the remainder of KRW 14 million to the appellate court and agreed with the victim D; and (e) the victims of the borrowed money also have certain responsibility to expand the damage.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, environment, etc., various sentencing data shown in the arguments, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general fraud type 1 (at least KRW 100 million, but less than KRW 500 million: Imprisonment with labor for up to two years and six months): etc., the lower court’s punishment is deemed unreasonable, and the Defendant’s assertion is reasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

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 Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for the crime (to be comprehensively applied to each victim);

1. The aggravated Criminal Act for concurrent crimes.