A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

2. Each of the instant crimes committed by the Defendant, under the pretext of creating a fund for real estate sales business, is obtained by acquiring a large amount of money from the damaged party up to KRW 230 million, and the amount of the damage, the details and result of the crime, etc. are not exceptionally considered in light of the amount of the crime, the details and result of the crime, etc.

On the other hand, however, when the defendant was found to have committed a mistake, the defendant seems to have committed a crime against himself/herself, and the defendant only has the record of criminal punishment of fines once for the crime of this kind.

In addition, when the defendant was in the first instance, the injured party does not want to be punished against the defendant by mutual agreement with the injured party.

Considering the circumstances unfavorable or favorable to the defendant, the circumstances after the commission of each of the crimes in this case, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument in this case, the punishment imposed by the court below against the defendant is deemed unfair, and thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below in addition to adding "1.1 defendant's oral statement" in the preceding part of the summary of the evidence, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing)