The judgment below

Part 1 of the judgment is reversed.

The defendant shall be punished by imprisonment with prison labor for the crime No. 1 of the decision of the court below.

1. The decision of the court below on the summary of the reasons for appeal (the 10-month imprisonment with prison labor for the crime No. 1 in its holding and the 2-month suspended execution with prison labor for the crime No. 2 in its holding) is too unreasonable.

2. Determination

A. As to the part of the crime No. 1 of the holding, this part of the crime is acknowledged that the defendant deceivings the victim G, K, and C by deceiving him/her while running a building business, and that the case is not easy in light of the circumstances of the crime, the number of victims, and the amount of damage, etc., and the defendant has the record of having been punished five times or punishment due to the same crime, and in particular, on May 13, 2011, he/she was sentenced to eight months by imprisonment with prison labor at the Busan District Court for fraud, etc. on May 31, 2011 and committed the crime No. 1 of the holding of the judgment of the court below during the repeated crime period.

However, in full view of the following circumstances: (a) the Defendant recognized this part of the crime, thereby against his mistake; (b) the Defendant agreed with the victim G and K at the lower court; and (c) the victims do not want the punishment of the Defendant by mutual consent with the victim C after the closure of the pleadings at the lower court; and (c) the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment on the part of the crime No. 1 in the judgment of the lower court is too unreasonable.

Therefore, this part of the defendant's argument is justified.

B. As to the part of the crime No. 2 of the judgment of the court below, the defendant recognized this part of the crime, and against his mistake, the defendant did not want the victim P's punishment by agreement with the victim P at the court below, and the defendant was sentenced by the Busan District Court on July 30, 2010 and the above judgment became final and conclusive September 17, 2010 after being sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court, which became final and conclusive on September 17, 2010. Thus, it is necessary to determine the punishment in consideration of equity with the case where the crime No. 2