The judgment of the court below is reversed.

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

Seized evidence 4 or 5 shall be confiscated.

1. The determination of the gist of the grounds for appeal (in addition, two years and six months of imprisonment, confiscation (Evidence 1, 4, 5, 6) and additional collection) is unreasonable;

2. The lower court, while taking into account the Defendant’s reflectivity, the amount of punishment, the period of participation, the status of the Defendant, etc., determined the punishment by taking into account the nature of the crime, the direct deception, the scale of damage and recovery

However, the Defendant agreed with the defrauded in the appellate trial.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. The main sentence of Article 114 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act, Article 30 of the Criminal Act, concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (No evidence 1 or 6 of the original sentence shall be confiscated);

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;