A defendant shall be punished by imprisonment for three years.

2. The sentence imposed by the court below is within the recommended range (two to six years of imprisonment) according to the sentencing guidelines set out in the attached Form.

In consideration of the criminal power, repayment of principal and interest of at least KRW 400 million, and investment in the convenience law in ancient society, punishment was determined in consideration of the number of victims and the amount of fraud, recovery of damage, severe punishment of victims, circumstances after crimes, etc.

However, since the decision of the court below, the victim E and F submitted data to reflect in sentencing because they received five million won from the defendant's will (one or more).

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;