The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is that the defendant acquired by deception or embezzled 266,781,190 won in total from four victims, and there is a need to punish the defendant strictly in light of the amount of the above damage.

However, at the court below, the defendant agreed with the victim N, and the defendant made an additional agreement with the victim G and B, and continued to make an effort in good faith for the repayment of damage, resulting in approximately KRW 13.9 million in the amount unpaid to the victim Hyundai Capital Co., Ltd. which was not agreed at present.

B. If the Defendant comprehensively takes into account the Defendant’s age, occupation, family relationship (the Defendant’s age and five years of age) as shown in the hearing of the lower court and the party’s deliberation, and criminal records, which led to the instant crime due to the aggravation of financial standing, etc. in the course of running his business, and there are other circumstances that may consider the motive and circumstances thereof, the sentence imposed by the lower court is unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, all of them are cited 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 (the point of fraud), Article 355(2) and Article 355(1) (the point of occupational embezzlement) of the Criminal Act, the choice of imprisonment for a crime;

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. The reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified in the same sentence as the disposition, taking into account the circumstances in light of the reasons for the reversal of the sentence.