A defendant shall be punished by imprisonment for six months.

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The defendant, even though he did not have the intent or ability to repay the borrowed money, by deceiving six victims with a total of 200 million won or more. The crime of each of the fraud of this case is not good, and the victims are likely to have suffered considerable economic and mental pain.

However, in light of the fact that the defendant agreed with the victim L in the court below and agreed with the victim D in the trial, the victim G, H, I, and M even after the decision of the court below was made, the defendant has been paying a small amount of money or damage to M, and there has been no record of criminal punishment so far, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the judgment of the court below).”

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. Of concurrent offenders, the sentence shall be determined as ordered prior to the reasons for sentencing in light of the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.