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

2. The judgment of the defendant has been punished several times due to the crime of fraud caused by theless taking-out, and in particular, even though the period of repeated crime caused by the same crime is over the period of repeated crime, there is a high possibility of criticism again, the defendant did not agree with the victims, and the fact that the damage was not recovered is disadvantageous to the defendant.

However, in light of the circumstances indicated in the records and changes of the defendant's age, sex, environment, background and method of the crime, circumstances after the crime, and criminal record, etc., the sentence imposed by the court below is unreasonable, in light of the following: (a) the defendant was committed on two occasions; (b) the amount of damage caused by the crime of this case was relatively minor; and (c) the seriousness of punishment due to the repetition of the crime of this case could have been sufficiently impaired; and (d) the defendant was detained in the detention of this case; and (e) other unfavorable circumstances, such as the defendant's age, sex, environment, circumstances after the crime, and criminal record.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

2. The scope of the recommended punishment set in the sentencing guidelines is fraudulent crimes, general fraud, type 1 (less than KRW 100 million), the aggravated area (one year to two years, and special aggravated persons: the same repeated offense).