The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Considering the fact that the Defendant, who has no criminal record of suspended execution or heavier, divided his mistake in the trial, and reached an agreement with all victims, the lower court’s conviction (one year and six months of imprisonment) accepted the Defendant’s argument on the grounds of appeal that this is too heavy, and thereby is reversed, and the lower judgment is again decided after pleading as follows (Article 364(6) of the Criminal Procedure Act). Pursuant to Article 369 of the Criminal Procedure Act on the summary of criminal facts and evidence, the corresponding part of the lower judgment is cited.

Application of Statutes

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 2016); Fraud against O victim H and I under Article 347(1)2 of the Criminal Act: The fact of fraud against O victim K under Articles 347(1) and 34(1) of the Criminal Act

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the aggravated punishment for concurrent crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which has the largest punishment);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Sentencing Criteria for sentencing under Article 62(1) of the Act on the Suspension of Execution (restatementd as seen earlier) - Article 62(1) of the Criminal Act - Article 62(1)1 of the Act on the Suspension of Execution - Article 62(1)1 of the Act on the Reasons for Sentencing: [The scope of the recommended punishment] Article 3 of the Act on the Suspension of General Fraud (at least 500 million won, but less than 500 million won): Where the penalty is not imposed or the amount of damage equivalent to the amount of punishment has been recovered - Article 2 of the Act on the Suspension of Execution (at least 10 million won, less than 50 million won): Article 2 of the Act on the Punishment of Specific Fraud (at least 10 million won, less than 500 million won): Article 1(1) of the Act on the Punishment of Specific Fraud (at least 100 million won, the scope of the recommended punishment): Where the amount of punishment is reduced or the amount of special mitigation of damage equivalent to a majority of punishment.