The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal is that the Defendant, who was punished as a crime of fraud, and when examining the past history, most of the Defendant committed fraud or a fund-raising act in connection with a stock transaction. It is similar to the instant case that the Defendant acquired shares in the securities account by means of false statement that he/she would purchase shares.

Until the arrest of the defendant is currently being investigated as a separate crime, the crime is very poor because the defendant intentionally induces victims and continued to commit the crime for a considerable period of time.

Although the defendant agreed with the victims, the sentencing of the court below, which sentenced the suspension of execution, is unfair because it is too unffortunate in light of the fact that the defendant committed a waste of investigation power due to the failure to comply with the request of the investigative agency for appearance, and the amount of fraud

2. Although the judgment defendant had a record of having been sentenced to imprisonment several times due to the same kind of crime due to similar veterinary methods, each of the instant fraud crimes has been committed.

In addition, considering the defendant's age, family relation, character and conduct, career, environment, the circumstances and result of the crime, the circumstances after the crime, criminal records, and the detention period due to the instant case, all of the sentencing circumstances shown in the records and arguments, even if the defendant agreed with the victims, it is judged that the punishment imposed by the court below is unfair because it is inevitable to punish the defendant, even if the defendant agreed with the victims.

3. In conclusion, the prosecutor'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 it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;