The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The total amount of the instant fraud is not more than KRW 17 million; the Defendant’s criminal records of the same kind of crime and violent crime are disadvantageous; however, the Defendant’s criminal records of the crime of fraud have been recognized in this court; the criminal records of the crime of fraud have been long prior to the lapse of 199; the Defendant’s criminal records of the crime of fraud have been paid KRW 2 million to the victim G of the crime of assault and damage of property; and the agreement has been reached after payment to the defrauded D as a substitute for the crime of the crime of this case; the Defendant’s criminal records of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, etc. are considered to be unfair, and the Defendant’s argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 provisions of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act for the crime, the choice of punishment, and the choice of punishment;

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

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);