1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for not less than three years and six months; and

1. The sentence imposed by the court below (five years of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case at the same time during the suspension period of the execution of imprisonment, which was sentenced to the same crime even though the defendant had been punished several times for the same crime, and the crime of this case was committed by deceiving a number of victims, as if the defendant would have obtained high profits, and obtained a considerable amount of money under the name of investment, and the crime is not committed and the crime is not committed, and the defendant did not reach an agreement with the victims.

However, in full view of the fact that considerable portion of the money obtained by the Defendant was paid to the victims as allowances, and the F, who led the overall crime of this case, was sentenced to imprisonment for 3 years and 10 months. The degree of the Defendant’s participation in the crime of this case is more than F, an accomplice, and the Defendant recognized the crime of this case and seriously reflected his mistake, and other circumstances that are conditions for sentencing in this case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is deemed that the sentence imposed by the lower court 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;