The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the recovery of damage from judgment has not been properly performed, the defendant has the same criminal history as the same kind of crime, etc., but the amount of damage is not much severe, and it seems that the defendant committed the crime of this case only for the purpose of deceiving the victims' money from the beginning from the date when he was punished in the course of performing his business. The defendant is divided and against his mistake, and the defendant is under confinement, if he was under detention, it seems that it would be difficult for him to live due to difficulties in his livelihood. The defendant has already been detained in considerable custody, and the defendant seems to have been sufficiently given an opportunity to look at his mistake during that period.

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 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act shall be comprehensively determined as per Disposition.