The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. Although there are unfavorable circumstances, such as the fact that the amount obtained by the defendant through the crime of this case, such as the fraud of this case exceeds a total of 200 million won, victims C, D suffers heavy monetary and mental damage, and victims have not recovered from damage, the defendant does not commit the crime of this case in depth and again through a prison life with a large amount of seven months. In full view of the fact that there is no criminal record against the defendant, there is no criminal record against the defendant, and all other circumstances on the sentencing conditions, such as the defendant's age, character and behavior, living environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is somewhat inappropriate, and the defendant's assertion of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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, Article 347(1) of the Criminal Act (including fraud and each victim), Article 347-2 of the Criminal Act, Article 49(1)4 of the Electronic Financial Transactions Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing among concurrent crimes (an aggravated punishment as provided for in the crime of fraud against C of a victim of the largest punishment, the nature of the crime and the circumstances thereof) under the former part of Articles 37 and 38 (1) 2 of the Criminal Act;

1. Legal penalty;