The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination of the total amount of the fraud of this case is about KRW 60 million, which is the maximum amount of KRW 60 million, the defendant had the same criminal records as the criminal records of this case, among them, there are two cases identical to the victim D, Z, L, and W. However, there are no criminal records exceeding the fine for the last ten years. On the other hand, some of the amount of the fraud of this case is recognized by the defendant, while there are no criminal records exceeding the fine for the last ten years, the profits acquired by the defendant are less than the actual amount of the fraud. In relation to the victim's Z and AG, which are female employees recruited in collusion with the victim's Z, partly paid part of the amount of the damage, the victim's 4 million amount (five million won of the damage amount) to the victim A, three million won of the damage amount (five million won of the damage amount) to the victim Y, three million won of the victim's damage amount (five million won of the damage amount), three million won of the victim's living conditions and circumstances in this case, etc.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;