The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the court below is too unreasonable for eight months.

2. As to the grounds for appeal, there are extenuating circumstances, such as the fact that the defendant has been punished several times for the same kind of crime, and that he did not make any particular effort to pay for damage while escaping from the investigation, until the judgment of the court below is sentenced.

However, in light of the following factors: (a) the Defendant led to the confession of the crime; (b) the Defendant deposited KRW 13 million for the victim who is an accomplice as the Defendant’s punishment; and (c) partial damage was recovered by deposit of KRW 13 million for the victim; (b) the judgment of the stay of execution of imprisonment for the accomplice B became final and conclusive; (c) the instant crime of fraud and the crime of fraud, which became final and conclusive on November 3, 2007, should take into account the case and equity in which the judgment becomes final and conclusive at the same time; and (d) examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means,

3. In 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 defendant's appeal is with merit.

【Discied Judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the determination on the grounds for appeal);