The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

Judgment

Despite the fact that the defendant had been punished for imprisonment for the same crime, he/she again commits each of the crimes of this case, the fraud amount by each of the crimes of this case reaches 94.2 million won in total, and the victims' damage has not been completely recovered until the trial of the case.

However, during the trial of the court below, the defendant recognized each of the crimes of this case, and agreed with the victim D by paying KRW 10 million to the victim D during the trial of the court below, and the victim H by paying KRW 10 million to the victim H was agreed upon. The victims expressed their intent not to punish the defendant, and the victim H by wanting the defendant's wife separately from the agreement with the defendant.

Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the lower court’s punishment was somewhat unreasonable as it changes the sentencing conditions in the trial, resulting in the change of the sentencing conditions.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is 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. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are prior to the sentencing.