The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Even though there are many criminal records of the same kind, the fact that the defendant again committed the instant crime is disadvantageous to others, but the amount of fraud is relatively small, and the fact that the defendant repents and reflects his mistake is favorable to the defendant.

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of 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, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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 Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, the selection of each fine for the crime

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

1. Comprehensively taking into account the conditions of sentencing prior to the reasons for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014), the punishment as set forth in the Disposition shall be determined.