The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The contents of the Defendant’s deception are somewhat malicious, and the Defendant was released on June 28, 2013 by the Seoul Central District Court of Seoul on July 24, 2009 on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. and the parole period has expired on November 28, 2013, the Defendant immediately committed the instant crime, and the Defendant has a record of being sentenced to suspended sentence and a fine on two occasions in addition to the above repeated offense, and there is an unfavorable element for sentencing against the Defendant.

However, in light of the fact that the amount of fraud of this case is not more than KRW 18.5 million, although the defendant could not be deemed to have repaid the damage to the victim, the defendant paid KRW 10.4 million as a dividend, the defendant later divided his mistake, and the sentencing guidelines for the same kind of crime, etc., the sentence of the court below which selected the defendant to imprisonment is too unreasonable.

3. According to the 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 appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;