The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (excluding imprisonment with prison labor for a period of four years and six months) is too unreasonable.

2. The amount of money obtained by deception is 470 million won or less, and the number of victims is 39.

There was no particular recovery of damage until the trial of the party, and there seems to be no possibility of recovery of damage.

However, the defendant consistently leads to a consistent confession from the investigative agency to the trial of the party, and has no criminal record except for the defendant who has been punished three times by a fine due to drinking driving.

In addition, in full view of various circumstances, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【The reasoning of the judgment which was used again (limited to the part of the case of the defendant)】 Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, the summary of evidence is identical to the facts constituting the corresponding column of the judgment of the court below. Thus, it is citing

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to 15 years;

2. The types of the recommended punishment on the sentencing criteria shall be determined on the basis of the sum of the amounts obtained by deceit according to the treatment methods of the types 2 (at least KRW 100 million, but less than KRW 500,00) and the sum of the amounts obtained by deceit according to the treatment methods of the same types of concurrent crimes. Since the sum of the types as a result of the sum of the most serious crimes, the lower limit of the sentence scope shall be reduced by 1/3.