The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (five months of imprisonment) is too unreasonable;

2. The fact that the crime of this case is not good, that the defendant committed the fraud of this case again despite the previous conviction of several times, and that the defendant did not agree with the victims until the time of the trial.

On the other hand, the fact that the defendant seems to reflect his mistake, that the defendant deposited 500,000 won for the victim C in the trial of the party, and remitted 500,000 won to the father of the above victim each over two times, etc. is favorable.

In addition, considering the sentencing balance with the same crime, the background of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, various sentencing conditions shown in the arguments of this case are considered as being too unreasonable. Thus, the defendant's assertion is reasonable.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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 Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime

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