The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won of fine) is too unreasonable.

2. The lower court’s punishment seems somewhat unreasonable in light of the following factors: (a) the Defendant, even after the Defendant was arrested as an offender in the act of committing an offense, refused to affix the seal to a written confirmation, obsessing, and showing an attitude of non-cooperation in the investigation; (b) the Defendant, even though having been punished several times of fraud, again, committed the instant fraud; (c) the Defendant appears to have committed each of the instant crimes under the influence of alcohol; (d) the Defendant was under the agreement with the victim G at the lower court; and (e) the Defendant agreed with the victim G at the trial; and (e) the Defendant agreed with the victim D at the trial; and (e) the Defendant’s economic situation is not good for the basic livelihood recipient.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (the point of fraud and the selection of fines) and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;