The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

On March 14, 2018, at the first trial date, the Defendant stated the reasons for appeal on March 14, 2018 at the first trial date, and stated that “each of the instant bills discount, original supply contract, and the following use, etc. was generated in the normal operation of “E” in which the Defendant was operated, and at the time, the Defendant did not have any intention to commit fraud. However, the Defendant stated that he explicitly withdraws the said assertion at the second trial date of the first trial, and that he did not have any intention to commit fraud, and that he did not have any intention to commit fraud only on the grounds of an unfair appeal for sentencing.

(Unlawful Sentencing) The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of the instant case, the instant crime was committed under the circumstance that the Defendant, a de facto operator of “E”, was liable for considerable debts from around September 2015 to the aggravation of business management. From around April 30, 2016, to September 30, 2016, the Defendant: (a) paid, paid, borrowed, etc., bills of exchange, money borrowed from eight victims without the ability or intent to repay, and had the agreed money paid, and had the victim paid, and had the money borrowed from the victims at a discounted rate of KRW 2.2 billion in total from the victims; (b) the instant crime was committed; (c) in light of the background, frequency and repetition of the crime; (d) the period of the crime; and (e) the number of victims; and (d) the amount of damage; and (e) the victims appears to have suffered serious economic difficulties; and (d) the Defendant appears to have not been able to recover from the victims’ financial difficulties; and (e) the amount of damages exceeding KRW 1.6.75 billion,5 billion.