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

However, each of the crimes of this case is a case in which the defendant had no intent or ability to repay the borrowed money by deceiving the victim several times, and the crime is not good in light of the frequency and time of the crime, the defendant's financial status at the time of the crime, the contents of deception, etc., and it is deemed that the crime of this case was committed in a planned manner after the last crime of this case, and that the defendant was locked with the victim by blocking contact with the victim, even though the damaged amount of the crime of this case exceeds 30 million won after the last crime of this case, there is no circumstance to deem that the victim did not reach an agreement with the victim, and that the victim was taking measures to recover the damage, even if there is no circumstance to deem that the victim was taking measures to recover the damage, taking into account the following factors: the victim's age, character and conduct, family relationship, the circumstance and motive of the crime, and frequency of the crime, etc., it is deemed that imprisonment with prison labor (one year of suspension of execution, 120 hours of service) is too unfair.

2. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition after pleading

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;