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 summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. In 2008, the Defendant was sentenced to punishment for a term of three years for fraud and was punished for the same crime. The Defendant was sentenced to three years of imprisonment for the same kind of crime in 2008 as above, and the Defendant was sentenced to three months after the execution of the sentence was completed on June 2010, and repeated each of the crimes in this case during the period of repeated crime only three months after the execution of the sentence was completed, under unfavorable circumstances or circumstances that the defrauded amount exceeds KRW 40 million, and the Defendant seems to have recognized and against his mistake. The Defendant agreed with the victim F and G, and further agreed with the victim C, considering all favorable circumstances, such as the victim’s age, character and conduct, environment, circumstances and result of the crime in this case, the Defendant’s argument that the sentence imposed on the Defendant is somewhat unreasonable. Thus, the Defendant’s assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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