The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the crime of this case was obtained by deceiving 83,050,000 won from two victims without the intent or ability of the defendant to repay, and the crime is not good.

In addition, the defendant was unable to recover the victims' damage in full.

On the other hand, the defendant, who has no criminal record, shows his attitude to recognize and reflect his criminal act.

The degree of deception of the accused is not strong.

The victims expressed their intention not to punish the defendant from the investigative agency, and the defendant continued to pay money to the victims.

In the first instance, the defendant paid 3 million won to the victim D in addition, and the victim I decided that the victim would continue to be repaid in the future from the defendant, and expressed his intention that the defendant would not be punished once again.

In full view of all the sentencing conditions and sentencing criteria as shown in the instant pleadings, including the above circumstances, the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., it is unreasonable to maintain the original judgment sentenced to the Defendant’s punishment as it is.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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

1. Article 62 (1) of the Criminal Act;