The judgment of the court below is reversed.

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

1. The sentence imposed by the lower court (ten months of imprisonment) shall be excessively unreasonable.

2. The judgment of the defendant committed the crime of this case again without being aware of the fact that the defendant had been punished several times due to the same crime, committed the crime of this case repeatedly over 33 times a year, and caused a large number of victims, and the amount of damage is not much. The fact that the defendant acquired money from a small-scale self-employed person through a scambling act, which is disadvantageous to the defendant.

On the other hand, considering the following circumstances: (a) the Defendant’s confessions and reflects all of the instant crimes; (b) the age of 68 years and has no previous convictions; and (c) the Defendant’s repayment of all damages to 29 victims other than four victims who did not reach an agreement due to inevitable reasons such as failure to verify personal information up to the lower court and the lower court; and (d) the Defendant agreed to pay all damages to the victims; and (b) other circumstances, such as the Defendant’s character and conduct, motive, means and consequence of the instant crimes, and the circumstances after the instant crimes, etc., the sentence imposed by the lower court is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);