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. There are no extenuating circumstances, such as the fact that the amount of damage caused by each of the instant crimes is not significant, that full recovery of damage was not reached up to the trial of the case, or that there was no smooth agreement with the victims, and that the victims’ emotional distress or incidental damage would also be considerable after considerable period of time after each of the instant crimes were committed.

However, in light of various circumstances indicated in the records of this case such as the fact that the defendant's mistake was committed by the defendant, around 2001, that there was no criminal power except for the punishment of the previous and previous fine, that the defendant deposited 22 million won in the trial against the victim D Co., Ltd., and the judgment ordering the defendant to pay the amount (60 million won) according to the penalty agreement by filing a civil action against the defendant, that the defendant paid 3.6 million won to the victim H before the public prosecution was instituted, that the defendant paid 9.75 million won in the trial (2 million won (3.3 million won) and 9.7.5 million won in the trial (3 million won in the KRW 3.3 million in the case of the defendant's fraud), the amount equivalent to 12 million won in the method of seizure, execution based on the order of collection, the defendant's age, character, and environment, etc., it is too unreasonable to impose the punishment by the court below.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

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

1. The former part of Article 37 of the Criminal Act to increase concurrent crimes;