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

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

2. The judgment is based on the following facts: (a) the total amount obtained by deception is up to KRW 53 million; (b) the criminal defendant has a criminal record for the same kind of offense; (c) the criminal defendant has a criminal record for the same offense; and (d) all money according to the decision of recommending reconciliation in the relevant civil procedure (see Seoul Central District Court Decision 2015Da531699, Seoul Central District Court Decision 2015Da531699) is paid to the victims in the trial; (c) the confession of the offense is against himself/herself; (d)

When considering the above sentencing factors comprehensively considering the defendant's age, family relation, economic situation, background and motive leading to the crime, and all other matters concerning the sentencing specified in the records and arguments in this case, the judgment below's punishment is deemed unfair because it is without merit, so the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

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 as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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