The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is 2 victims and the amount of defraudation is 42.1 million won.

The victim B is dissatisfied with a strict punishment against the defendant in the trial of the party.

Defendant was punished three times, including the past record of suspended execution for the same kind of fraud.

On the other hand, the defendant shows his attitude to recognize all facts charged and to reflect the mistake.

The victim's L does not want to be punished against the defendant by the agreement with the victim.

For the victim B, the court below deposited KRW 15 million in the court below, and additionally remitted KRW 4.5 million in the court below.

AI, which was a co-defendant of the related civil litigation (U.S. District Court Decision 2017Gadan2231) and the co-defendant, seems to have recovered significant damage by mutual consent with the victim B.

In addition, considering the various sentencing factors as shown in the arguments, such as the defendant's age, motive and background of the crime, environment, relationship with victims and the amount of damage, circumstances after the crime, and circumstances where additional damage was recovered in the trial, and the sentencing guidelines of the Supreme Court as follows, the sentence of the court below seems to be somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

O Sentencing Criteria for Fraudulent Crime Sentencing [Determination of Punishment] There is no type 1 (less than KRW 100 million) [Scope of Recommendation] [Scope of Recommendation]: June - Criteria for Suspension of O execution in June 1 and June / [Unagreement B] in cases where substantial damage is considerably small or significant damage is recovered (victim B] in the scope of actual damage (victim B] (victim B) [The Reasons for Self-Governing General Reference], the detention of a serious reflect defendant is accompanied by excessive difficulty to his/her dependants.