2. The defendant shall be punished by imprisonment with prison labor for six months and the victim H.

2. The crime of fraud against the victim H is committed on February 2, 2012 by the Defendant, who was sentenced to the suspension of the execution of the imprisonment of 8 months on February 2, 2012 and about 4 months after the suspension of the execution of 2 months, and the previous facts are the factors that are disadvantageous to the Defendant.

However, in full view of the factors of sentencing favorable to the Defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the Defendant recognized all of the crimes of this case, the fact that the Defendant agreed with the victim E and H in the trial, the fact that the Defendant committed fraud against the victim E at the same time with the judgment of the lower court that became final and conclusive, and the fact that the Defendant had been punished several times, but there was no record of punishment in addition to the punishment of fine and the suspension of execution of imprisonment.

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.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows: 【1. The defendant's court statement' is added to 'the defendant's court statement' in the following order: therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service businesses under Article 62-2 of the Criminal Act;