The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (two years and six months of imprisonment and confiscation) is too unreasonable.

2. The fact that social harm caused by the instant crime is serious, that the role of the Defendant is essential in the process of the completion of the crime, and thus, the Defendant’s strict punishment is necessary. The number of the crimes, including the one-time attempted crimes, by which the Defendant involved reaches 11 times and the total amount of damage exceeds 120 million won, and the damage caused by the instant crime has not been recovered.

On the other hand, it is advantageous to the fact that the defendant reflects the wrong, that the defendant has no record of criminal punishment, that it is difficult to form the defendant's family, and that the growth environment is poor.

In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1), 30 (including fraud and fraud with victim B and H respectively) of the Criminal Act; Articles 352, 347(1) and 30 (1) of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) (a decision of type) is a fraudulent crime;