The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The lower court’s sentence (10 months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the amount of defraudation of this case exceeds KRW 150 million and that there is no sufficient time from the date of the crime, and the victims are expected to suffer from the pain, even though the sentence was postponed for several agreements with respect to the victims D, no damage has yet to be repaid, and that there is three times the history of having been sentenced to a fine due to the occurrence of the same kind of crime, it is inevitable to sentence the Defendant to be sentenced.

However, in light of the fact that the defendant appears to have an attitude to recognize and reflect all the crimes in the trial, that the defendant repaid 4 million won to the victimJ prior to the pronouncement of the judgment of the court below and agreed to repay all the remaining damages in the trial, that it appears that he paid considerable amount of money to the progress of the construction contracted with the victim D ( even according to the victim's statement, the part of the construction work performed by the defendant is recognized to be KRW 50 million or KRW 60 million) and that the health condition is not good, the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion 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, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by this court and the summary of evidence are as stated in each corresponding column of the judgment below, except that the facts constituting an offense and the summary of the evidence are as follows: (a) the facts constituting an offense and the summary of the evidence committed by this court are as follows: (b) the facts constituting an offense No. 6 and 13 of the judgment of the court below as “1. The defendant’s partial statement” are as stated in each corresponding column of the judgment of the court below. (c) Thus,

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;