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 victim has three persons; (b) the method of committing the crime is various; (c) the offender cannot be deemed to have good quality; (d) the total amount of defraudation by the crime of this case can not be deemed to have been more than 43 million won; (c) the Defendant paid full damages to the victims when the Defendant was in the trial; (d) the Defendant was actually in the course of his fault; and (e) the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Customs Act at the District Court on February 14, 2013, and on August 21, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Customs Act at the District Court on February 14, 2013, and the judgment became final and conclusive and the judgment of this case could have been tried together with the case for which the judgment became final, the sentence of imprisonment with prison labor is too unreasonable.

3. According to the 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 appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding "written results of inquiry, such as criminal records, investigation reports (Attachment of judgment), and investigation reports (Attachment of judgment in the second instance)" to the summary of evidence. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning the crime: The choice of imprisonment with prison labor, respectively;

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

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

1. Article 62 of the Criminal Act: