The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

There are several victims, and the amount of the fraud of this case exceeds a total of KRW 120 million, and it seems that considerable damages have not yet been recovered, etc. are disadvantageous to the defendant.

However, in light of all the circumstances such as the lower court’s judgment and the first instance court’s judgment and the fact that all victims did not want to be punished against the Defendant, the Defendant appears to have repaid the victims a total of KRW 40 million (the Defendant paid KRW 23 million to the Victim H and E even after the lower court’s judgment was rendered), the Defendant did not have been punished for the same kind of crime, and the Defendant did not have been sentenced to suspension of qualification or more severe punishment, and the Defendant’s age, sex, family relation, motive, motive, circumstances after the crime, equity with the punishment of the same and similar cases, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [The grounds for the new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article

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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.