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. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is not a part of the amount of damage that the defendant received approximately KRW 100 million from the victims for the purpose of purchasing bus.

However, when the defendant was in the trial, it is recognized that all crimes have been committed, against the victim, and the victim has paid a considerable amount of money (35 million won to the victim D, and 25 million won to the victim H) and the victims have not been punished.

There is no record that the Defendant had been punished before the instant case.

In addition, comprehensively taking into account the following circumstances, including 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 sentencing of the lower court is too minor.

It is rather unreasonable rather than it is too unreasonable.

3. The prosecutor's appeal of conclusion is without merit, but the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as per Disposition, taking into account all of the sentencing conditions under Article 62(2).