A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. Determination that the total amount of damage to the crime of this case is not significant, that the defendant has the record of punishment for fraud is disadvantageous to the defendant, or that the defendant confessions the crime of this case, that the victim I expressed an opinion that the defendant does not want to be punished to the defendant at an investigative agency, that the defendant submitted an agreement to the effect that the defendant was smoothly agreed with the above victim in the trial, that the defendant deposited 12.5 million won in the trial of the defendant for the recovery of damage to the victim D, and that other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, the background, means and result of the crime of this case, the circumstances after the crime of this case, family relations, etc., which are shown in the argument of this case, are considered unfair since the defendant's punishment imposed by the court below is without merit. Thus, the defendant's argument of sentencing 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, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited 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 (the fraud point, the choice of imprisonment, and the option of punishment) concerning the facts constituting an offense, and Articles 355(2) and 355(1) of the Criminal Act (the optional point and the choice of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes as prescribed by fraud on February 28, 2009 against D with the largest number of concurrent crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;