The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Although the Defendant had been punished for the same kind of crime, he/she acquired approximately KRW 288 million in total from three victims on several occasions, the victim was a majority, and the crime was committed several times, and the damage amount is considerable and the quality of the crime is not good.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained for about five months; and (c) the Defendant agreed with the victims; and (d) the victims wished to take the Defendant’s wife (it appears that substantial damage was paid to the victims in light of the value of cash and land paid to the victims); (b) the Defendant did not have any criminal record exceeding a fine for the last ten years; and (c) the Defendant’s age, sex behavior, environment, family relationship, circumstances after the commission of the instant crime, etc.; and (d) the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of the above sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act on the community service order;