The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months) is too unreasonable.

2. The judgment below rendered a sentence as above 1.3 in full view of the following facts: (i) the Defendant committed a crime under unfavorable circumstances; (ii) the occurrence of 18 victims due to the instant crime; (iii) the amount of damage reaches 32 million won in total; (iv) the victims failed to take any measures to recover damage; (v) the Defendant escaped for a long time during the investigation; and (v) the circumstances after the commission of the instant crime were inferior; and (iv) the Defendant led to the confession of the instant crime under favorable conditions; and (v) the Defendant was sentenced to the same punishment as above.

In light of the above unfavorable circumstances recognized by the court below, the sentence of punishment on the defendant seems inevitable.

However, in addition to the above favorable circumstances, the term of punishment set by the court below is too unreasonable, in light of the following: “The president of the mobile phone sales agency that the defendant committed the crime paid the agreed amount to the victims; the I’s compulsory auction of the real estate owned by the defendant by the above F; and the I received dividends of at least KRW 21 million in the auction procedure.”

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for the new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.