The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances: (a) the sum of the fraud amount of this case reaches approximately KRW 150 million; (b) the Defendant was unable to recover considerable damage to the judgment of the party which had been over a long period after the commission of the crime; (c) the Defendant made a confession of all the crimes of this case and was in violation of depth during the detention period of about two months; (d) the Defendant reached an agreement with the victims during the trial; (e) the Defendant had no specific criminal record except for a fine imposed twice due to drinking driving, etc.; and (e) other various circumstances, which are the conditions for the sentencing specified in the records and arguments of this case, such as the motive and background of the crime of this case, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, are considered as inappropriate.

Thus, 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.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);