The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The amount of defraudation by the accused on the market shall be large, and the amount of fraudulentation which has not been repaid shall also be reasonable;

There is also a record that the defendant was punished for a suspended sentence due to the fraud of the same law.

However, the defendant has paid part of the money acquired by the victims from the victims before the victims have been accused, and there are changes in circumstances that have been agreed with the victimJ in the appellate trial.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The basic area (two to six years) of the three types (not less than KRW 500, but less than KRW 500,000) under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the scope of the recommended punishment for sentencing under Article 37, Article 38(1)2, and Article 50 of the same Act: None of the persons subject to special sentencing of one step-by-class increase as a result of combined crimes;