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

2. In full view of the following circumstances: (a) the total amount of defraudation of the instant case is not about KRW 1.20 million; (b) the Defendant has already been punished several times for the same kind of crime; (c) the Defendant appears to have committed an unfavorable act; (d) on the other hand, the Defendant appears to have been generally recognized and opposed to the Defendant; and (e) the victims are deemed to have been paid a considerable portion of the proceeds according to the initial agreement; and (e) the equity between the victims shall be taken into account at the same time as the judgment became final and conclusive; and (e) other circumstances that form the conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, motive and background of the crime

Therefore, the defendant's argument 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.

【Reasons for the Judgment of the court which has been written in multiple times] Criminal facts and summary of the evidence, and summary of the evidence, which the court acknowledged by this court, are identical to the corresponding column of the judgment of the court below, except where "five million won" as stated in [Attachment 6] Nos. 6 of the List of Crimes (3] of the judgment of the court below is corrected as "eight million won". Thus, they are cited as it is in accordance with Article

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) (including fraud and each victim), 6(1) and 3 (a) (including the act of receiving money without permission, and Article 2-2(b) and (4) of the Act on the Regulation of Conducting Fund-Raising Business without Permission) of the Criminal Act concerning criminal facts, and the former part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes involving imprisonment with labor among concurrent crimes among concurrent crimes under Articles 39(1) and 38(1)2 of the Criminal Act