The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In full view of all the favorable circumstances, such as the extent of damage caused by the instant crime, up to KRW 190 million, a significant damage has not yet been recovered, and the confession of the Defendant is made by the victim E, which was agreed with the victim in the first instance, favorable circumstances, such as the motive and circumstance leading to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, family environment, etc., and other favorable conditions for sentencing as prescribed by Article 51 of the Criminal Act, the sentence imposed by the lower court is somewhat unreasonable.

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 the facts charged and the summary of the evidence recognized by the court are as shown in each 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 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against C of a victim with heavier penalty);