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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;
2. The circumstances in which the defrauded did not pay for damage even though the defrauded did not reach approximately KRW 200 million, and the victims want to punish the defendant are factors that are disadvantageous to the defendant.
However, in full view of the fact that the defendant led to the crime of this case, the victim E of the crime of the judgment of the court below, and the crime of fraud against G is committed by the victim under the name of his partner in a sexual traffic business establishment, and it seems that the victims are fully responsible for the occurrence of damage to the above victims. The defendant has no record of punishment heavier than the suspension of execution, and the crime of the crime of the crime of each of the crime of this case and the crime of the Employment Security Act for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, it is recognized that
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on the conclusion of the decision, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud from April 21, 2007 to July 20, 2010 against victims E with heavier penalty);