The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal that the court below sentenced the defendant (five years of imprisonment) is too unreasonable.

2. The crime of this case is very poor in light of the fact that the crime of this case is committed repeatedly over a considerable period of time and the amount of fraud is a large amount.

However, in light of the content of deception, the fact that the defendant voluntarily surrendered to the investigative agency, and that all of the crimes of this case are against the defendant, that the defendant did not have any criminal record of the same kind, that there was no record of punishment of imprisonment without prison labor or heavier punishment except that sentenced to six months for the crime of escaping from military service in 192, and that the victim also has considerable responsibility for the occurrence of the crime or the expansion of damage is favorable to the defendant.

In full view of the above circumstances, the amount corresponding to most of the acquired amount was returned to the victim's side, and other circumstances that are conditions for sentencing such as the defendant's age, character, conduct and environment, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of the evidence recognized by the court and summary of the evidence are identical to the facts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1)1, Article 347(1) of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (wholly amended by Act No. 11304, Feb. 10, 2012; hereinafter referred to as “Fraud”), Article 6(1), and Article 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter referred to as “Aggravated Punishment, etc.”) for the crime

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.