The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

A. The punishment sentenced by the court below (unfair imprisonment with prison labor for four years and six months) is too unreasonable.

B. Prosecutor 1) In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), among the facts charged in the instant case, the Defendant had been already sentenced three times or more to the suspension of execution for the same kind of crime before the instant case, and the instant case also committed a crime to establish and operate a construction company without any specific business fund after the same kind of crime, and committed a continuous and repeated crime against ten victims during a long period from May 201 to December 2013, it is sufficient to recognize that the said crime was caused by the Defendant’s fraud. Nevertheless, the lower court sentenced the Defendant not guilty for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds that it is difficult to deem the crime to be caused by the Defendant’s fraud. Accordingly, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment. 2) The above punishment sentenced by the lower court is too unreasonable.

2. Determination

A. 1) Determination of the public prosecutor's assertion of mistake of facts refers to the nature of the actor as a habit of repeated fraud, and the existence of such habition shall be determined by taking into account all the circumstances such as the existence of a criminal record of fraud, the frequency of the crime, the means and method of the crime, and the motive (see, e.g., Supreme Court Decision 95Do955, Jul. 11, 1995). The amount of profit under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes refers to the sum of the amount of profit or the total sum of the amount of profit when the crime is constituted, and in a crime which may be punished as concurrent crimes, it does not mean the sum of the amount of profit when the crime is committed, and it does not mean the sum of the amount of profit when it