A defendant shall be punished by imprisonment for not less than eleven months.

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

A. The sentence of the lower court (one month of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the amount of damage, in total, did not amount to KRW 100 million and had the same criminal records, is disadvantageous.

However, for the first time in the trial, the defendant led to the confession of the crime of this case and reflects his mistake in depth, and the agreement was reached in the trial with the victim F, the amount of KRW 70 million out of the defrauded money of this case was delivered to H, who is actually an accomplice, and the victims are also responsible for the occurrence of crime and the expansion of damage, and the crime of this case was committed in a concurrent relationship between the final judgment in the judgment of the court below and the latter part of Article 37 of the Criminal Act, and the fairness between the punishment of the above H and the punishment of the above H should be considered at the same time in the concurrent relationship between the crime of fraud in the final judgment of the court below and the concurrent crimes in the latter part of Article 37 of the Criminal Act. On October 13, 2016, a suspended sentence of two

(In light of all the sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable. The Prosecutor’s assertion is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(2) The court below's decision on the grounds that the defendant's appeal against the unfair sentencing is accepted and reversed shall not separately dismiss the prosecutor's appeal. The summary of the facts constituting an offense and the evidence acknowledged by this court is not to add "the defendant's trial statement" to the summary of the evidence, except for the case where "the defendant's trial statement" is added.