The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the reasons for appeal is unfair because the punishment of three months of imprisonment with prison labor which the court below decided against the defendant is too unreasonable.

2. The judgment of this case is that the defendant acquired a total of 30 million won from the victims under the pretext of the franchise contract, etc., and the case is less than that of the crime receipt method and the victim's fraud amount, etc.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the Defendant recovered and agreed on partial damage to the victim E and G in the trial of the Party; and (c) the instant crimes are in the relation of concurrent crimes after Article 37 of the Criminal Act with the final judgment, and thus need to be determined at the same time in consideration of equity with the case where the judgment is rendered pursuant to Article 39(1) of the Criminal Act; and (d) other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, etc., the lower court’s punishment seems to be somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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