The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

2. The Defendant, by deceiving the victims, who are the victims, who will be able to receive profits from both horses, acquired the total amount of KRW 28 million.

The defendant's liability is heavy in light of the circumstances, period, frequency, and amount of damage of the crime.

The Defendant had been punished for a period of two years under the suspended execution of April, 2014 and June, 2015 due to the crime of fraud similar to the instant case.

However, the Defendant recognized all of the instant crimes at the latest and against it when it comes to the trial.

The defendant's total sum of KRW 99,50,000 in the original trial and the trial, and the victim's punishment shall not be punished by the agreement to pay the remaining amount of damage in monthly installments.

It is relatively clear that the defendant's pro rata relationship is relatively clear by guaranteeing the payment of the remaining damage by the defendant and opposing the defendant's wife.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal of this case 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.

[C] The summary of the facts constituting an offense and evidence recognized by the court below as the summary of the facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the court below's partial statement "written statement of the defendant" in Article 4 of the judgment below is deemed as "written statement of the defendant in the court below". Thus, it is also accepted as it is in accordance

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. The former part of Article 37 of the Criminal Act among concurrent crimes;