All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than nine months and by a fine not exceeding two million won.

The defendant above.

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for not more than 10 months, the additional collection of 3,000,000 won, the second instance court: the fine of 4 million won) that the court below made is too unreasonable.

2. We also examine the Defendant’s assertion of unfair sentencing on each of the lower judgment.

In light of the criminal law, such as misrepresentation of a friendly relationship with well-known persons, etc., the crime of this case is disadvantageous to the defendant, such as the poor quality of the crime, the total amount of damage, the damage of the first instance judgment (the total amount of damage KRW 53 million) has not been recovered, and the fact that there are many criminal records, etc.

However, the fact that the defendant recognized his mistake and against himself, the damage of the victim D in the second instance case seems to have been fully recovered, and the fact that the health status of the defendant is not good is considered in favor of the defendant.

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relationship, the age, character and conduct, the environment, the background of each of the crimes in this case, and the circumstances after the crime, the punishment imposed by each court below is somewhat inappropriate.

3. In conclusion, since each appeal by the defendant against the judgment below is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 111(1) of the Attorney-at-Law Act ( Violation of the Attorney-at-Law Act) and Article 347(1) of each Criminal Act concerning facts constituting an offense;

1. Crimes provided for in Articles 40 and 50 of the Commercial Act with ordinary concurrence (the crimes provided for in paragraph (1) of the judgment of the first instance);

1. As to the crime of fraud in the judgment of the second instance on the choice of punishment.