The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court sentenced two-year imprisonment in light of the following: (a) there are extenuating circumstances, such as the fact that the Defendant recognized all of the crimes and against the mistake; (b) the sum of the acquired money of this case reaches KRW 220 million; (c) there was no agreement with the victims or no repayment of damage; and (d) the Defendant had been sentenced to punishment for committing the crime of fraud and there were many other records of punishment.

B. However, in relation to the absence of recovery from damage, there is a special change in circumstances as to the sentencing conditions that the court below mainly considered in the first instance, including the fact that the defendant paid full amount of damage to the victims on March 8, 2016, which was after the decision of the court below, and that the victims agreed to pay full amount of damage to the victims on March 8, 201

In addition, considering all the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, criminal records, background leading to the crime, means and result, size of the amount obtained by deception, and circumstances after the crime, the sentence imposed by the court below is determined to be unfair as it changes the sentencing conditions in the trial due to the full repayment of the amount of damage and the agreement with the victim as seen earlier.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.