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 sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In light of the judgment, the crime of this case was committed by the Defendant by deceiving the victims, by deceiving them with a total of approximately KRW 12 million, and by borrowing money equivalent to approximately KRW 29 million at the market price during which the Defendant had concluded and used the lease contract with the victims as a collateral, and embezzled them as collateral, and the act is not easy, and the amount of fraud and embezzlement is not small, and no agreement has been reached with some victims, and the damage recovery is not completely completed.

However, in full view of the following circumstances: (a) the Defendant made an agreement with some victims, or partial termination of damage recovery; (b) the Defendant appears to have made efforts to reach an agreement by means of a genuine agreement; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime; and (d) other various circumstances that are conditions for sentencing, such as the circumstances after the crime, the sentence sentenced by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to the victim'sO with the largest punishment;