The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant defrauded the victim C with KRW 15 million from the victim G and KRW 53 million from the victim G. It is recognized that the amount is significant, and there is one time of suspended execution due to the crime of forging public documents, and one time of punishment for a violation of the Juvenile Protection Act.

B. However, in full view of all the circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, background, and circumstance after the crime, etc., the lower court’s sentence is unreasonable on the ground that the Defendant’s punishment was neglected, the victims did not wish to punish the Defendant in the first instance trial by agreement with the victims, and there was no record of criminal punishment as a crime of fraud, detention for more than one month, and the Defendant’s age, background, and circumstances after the crime.

(c)

Therefore, the defendant's above assertion is justified.

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.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence admitted by this court is as follows: (a) the summary of the evidence as indicated in the judgment of the court below is the same as the description of each corresponding column of the judgment of the court below, except that the phrase “the defendant’s partial statement (the fact that he received the money stated in the facts constituting an offense)” as “the defendant’s only written statement in the court below’s trial.”

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 suspension of execution ( normal conditions favorable to the defendant among the grounds for reversal as above);