2. Determination factors or objective and neutral sentencing factors are recognized, such as: (a) there is no history of criminal punishment, not only twice the suspended sentence against the accused; (b) the accused is against his/her own criminal act; (c) the victim F, who is the largest damaged, does not want to be punished against the accused; and (d) the accused should support his/her family.

However, each of the crimes of this case, which are recognized by evidence, evidence law and legal principles, is also a case by which the defendant acquired a total of KRW 682 million from two victims, and the nature of the crime is not less than that of the crime, and the damage seems not to have been fully recovered from the trial (the defendant stated at an investigative agency that he paid KRW 126 million to the victim F as interest, but the record of this case also recognizes unfavorable sentencing factors such as objective evidence or objective and neutral sentencing factors.

In light of the above factors of sentencing, other sentencing cases, and the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Commission (three to six years of imprisonment), and the lower court, after discretionary mitigation, sentenced the lower court to the maximum sentence (one year and six months of imprisonment) beyond the lower limit of the above recommended sentences, and the statutory punishment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with heavier punishment among each of the crimes of this case is imprisonment for a term of not less than three years (which is presumed to be unconstitutional and lacks grounds to be unconstitutional). As long as each of the crimes of this case constitutes the elements of the above crime, even if the Defendant agreed with some victims, it cannot determine a more minor sentence than one year and six months of imprisonment with prison labor, which is the lowest sentence of punishment after discretionary mitigation, and the contents of each of the crimes of this case and whether damage was repaid.