The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

A relatively long-term situation in which the total amount acquired by the victims exceeds KRW 100 million is a factor for sentencing unfavorable to the defendant.

However, the defendant's criminal act of fraud in this case is difficult to be seen as a conclusive intention of defraudation in the form of so-called borrowed money fraud, and there is no other record of criminal punishment for the defendant except sentenced to a fine once.

In particular, in the court below, the defendant did not want the punishment of the defendant by mutual agreement with the victim C and the victim D in the appellate trial.

The lower court’s sentence against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and the doctrine of change; and (b) comparing the sentencing reasons for the

The defendant's unfair argument in sentencing is accepted, and the prosecutor's improper argument in sentencing is not accepted.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Although the appeal by the prosecutor is rejected, the appeal by the defendant shall not be separately dismissed in the disposition, so long as the judgment of the court below is reversed.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;