The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Although the judgment amount is large, and the crime was committed during the repeated offense period due to the fraud, all of the instant crimes were led to confession in the trial at the court of the party, deposit of KRW 75 million for the victim in the trial at the court of the court below, and deposit additional KRW 25 million in the trial at the court of the court below, and most of the damages were recovered, the sentence of the court below 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 on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts constituting a crime and the gist of the evidence admitted by the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the fact that the “1. Part of the Defendant’s testimony” is changed to “the Defendant’s trial testimony at the court of first instance” in the summary of the evidence, as stated in the corresponding column of the judgment below.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;