The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The sentence (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The method of each act of deception in this case is inadequate, and the amount of damage reaches KRW 74 million, and the quality of the crime is not weak.

However, the defendant is believed to have paid damages to the victims in the trial and agreed with them smoothly, and there is no record of punishment exceeding the punishment and fine for the same kind of crime.

In addition, the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., as shown in the arguments in this case, and the first crime in the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee [the scope of the recommended sentence] under types 1 (10 million won or less) (1 month or year), the mitigation area (10 million won less than 100 million won), the mitigation area (1 to year), the mitigation area (1 month or year), the mitigation area of the punishment [the scope of recommended punishment] under types 1 (10 million won) (1 to year), the mitigation area of the punishment [the scope of recommendation] under types 1 (100 million won) (1 to year), or the damage recovery from a considerable part of the crime, it is deemed that the judgment of the court below is somewhat unfair.

Therefore, the defendant's argument is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;