The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The decision of the court below on the summary of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Victim J(amount of damage KRW 381 million) committed repeatedly over a considerable period of time.

The total amount of fraud is KRW 55 million, which is a large amount of KRW 5.5 million, and the damage recovery has not been made much part.

The criminal records of the same kind and (including three times of imprisonment) are several times, and the criminal crimes of this case have been committed during the period of the same repeated crime.

On the other hand, the following conditions are favorable.

In the first instance, the victimJ paid 30 million won to the injured party, while providing the personal and physical security for the remaining damages.

The court below paid 80 million won to the victim J as interest, etc., and paid 42.5 million won as profit, etc. to the victim N.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, the environment, etc. as shown in the records and arguments of the instant case, and the scope of the recommended punishment according to the sentencing guidelines, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment 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 punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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;