The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below on the summary of the reasons for appeal (three years and eight months) is too unreasonable.

2. The sum of the amount obtained by deception of this case reaches KRW 510 million in total, and the damage was not recovered properly.

However, the Defendant has recognized all of the crimes of this case for the first time, and in light of the circumstances leading to the Defendant’s occurrence of this case, it seems that the victims are expected to have contributed to the occurrence and expansion of damage by lending funds without any specific confirmation.

In addition, the punishment sentenced by the court below is unreasonable if comprehensive consideration of the sentencing conditions, such as the defendant's age, occupation, and criminal record (the previous and the previous two times) and the scope of the recommended punishment according to the sentencing guidelines as shown in the hearing of the court below and the party.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[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, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 3 (at least KRW 500, but less than KRW 500,00) of the reduction area (one year to four years): In cases where, as a result of the combination of concurrent crimes, a person intentionally commits a deceitful act of deception at least one step (special mitigation factors) as a result of the increase in the type of punishment, or the degree of deception is weak;

2. The sentence shall be determined as per the Disposition, taking into account these circumstances in the reasons for reversal of the sentence above.