All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant 1) It cannot be said that there is a habitation of facts and misapprehension of legal principles against the judgment of the court of first instance.

Therefore, as to the facts charged of this case, there is only a concurrent crime of fraud, covering each victim.

Nevertheless, the lower court erred by misapprehending the legal doctrine on habitualness in the crime of habitual fraud, which led to the misunderstanding of the facts as to the habitive behavior of fraud, thereby holding the entire facts charged in the instant case constituted an inclusive crime of violation of the Act on the Aggravated Punishment, etc

B) The first instance court’s imprisonment (one year of imprisonment) is too unreasonable and unfair. 2) The second instance court’s imprisonment (six months of imprisonment) with respect to the second instance court’s imprisonment is too unreasonable.

B. The form of the judgment of the court of first instance by the prosecutor is too unhued and unreasonable.

2. Determination

A. Habitualness in habitual fraud refers to the nature of the actor as a habit of repeated fraud. In determining the existence of such habition walls, the criminal records of the fraud are important data to determine whether the person committed the fraud. However, even if there are no criminal records of the fraud, where the habition of the fraud is recognized in light of all the circumstances, such as recovery of the crime, means and methods, and motive, the habitual nature should be recognized.

(1) The Defendant, on January 28, 2005, was sentenced to a suspended sentence of two years for one year and six months, due to the crime of fraud, the crime of fraud, and the crime of door-to-Door Sales, etc. at the Daegu District Court on January 28, 2005. However, the Defendant, on June 14, 2002 to August 17, 2002, received a suspended sentence of two years, by deceiving eight victims to pay high-rate investment profits by investing in a charnel house business, and by deceiving eight victims to pay high-rate investment profits.