The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable in light of the gist of the grounds for appeal.

2. The crime of this case is determined by deceiving the victims and deceiving the victims a total of KRW 168 million, and the crime of this case is not appropriate in light of the scale of damage, etc.

However, the defendant is the first offender, and all of the crimes of this case are recognized and reflected, and the victims have agreed smoothly after partial repayment.

As the defendant continues to operate a mixed company, he/she is trying to normalize the management of the company and recover further damage to the victims.

In addition, in full view of various circumstances, including the Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, method and consequence of the instant crime, and circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited 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 punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above favorable circumstances);