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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal asserts that the defendant's punishment (two years of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too unfeasible and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
Although each of the crimes of this case is favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects, that the defendant made efforts to recover damage, such as the victim L and the original agreement, etc., each of the crimes of this case is that the defendant acquired a large amount of not less than 700 million won including his relative, including a total of 8 victims, in light of the method, scale, frequency, etc. of the crime, which is very poor in the quality of the crime in light of the method, scale, and frequency of the crime, multiple victims are distributed in a short period, and the social harm is still not recovered, regardless of the degree of social harm. The defendant has the history of having been sentenced to punishment for several times, such as punishment of imprisonment with prison labor for the same kind of crime, and the risk of repeating the crime seems to be significantly high, and all of the conditions of the punishment of this case, including the defendant's age, sex, environment, method, frequency, frequency, degree, relationship with the victims, etc., after the crime, it is unfair to sentence imposed by the court below.
3. According to the conclusion, the prosecutor’s appeal is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is reasonable, and the defendant’s appeal is without merit, but is identical to the prosecutor’s appeal and the subject of appeal is identical to that of the prosecutor’s appeal and is reversed based on the prosecutor’s appeal, and thus, it is again decided
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is out of the judgment below.