The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. At the investigation stage, the defendant paid 20 million won, which is a part of the amount of the fraud of this case, to the victim, promised to recover damage for the remainder by repaying a certain amount each month, and the victim also does not want punishment for the defendant while submitting a letter of revocation of complaint, and considering the favorable circumstances for the defendant, such as the defendant's recognition of all the crimes of this case and his depth, there are several criminal offenses and criminal records of suspended execution, and the defendant committed the crime of this case plannedly during the period of repeated crime, and the amount of the fraud of this case is very poor, and the amount of the fraud of this case is also about 129 million won, and the amount of the fraud of this case is deemed not to have been paid any more than the amount of damage after the agreement, taking into account other unfavorable circumstances, it is recognized that the sentence of the court below is unfair by taking into account all the sentencing conditions such as the defendant's age, character and behavior, environment, etc.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 369 (6) of the Criminal Procedure Act, 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, taking account of various circumstances as seen in the grounds for reversal of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as to the punishment stipulated in the crime of fraud as of September 23, 2012), 10 months to two years from the imprisonment with prison labor according to the sentencing guidelines.