The part of the judgment of the first instance, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this shall not apply.

1. The punishment (two years of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too heavy or too low;

2. The fact that the sum of the amount of damage caused by the instant fraudulent act exceeds KRW 640 million is an element of sentencing unfavorable to the Defendant.

On the other hand, if we examine in detail the various circumstances such as the defendant's age, character and behavior, environment, role in the crime, motive, means and consequence of the crime, and circumstances after the crime, including the fact that the defendant had no criminal record for the same kind of crime, and that the defendant recognized and agreed with the victims during the appellate trial, the punishment sentenced by the first instance court is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. If so, the defendant's appeal is with merit, and thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (which does not dismiss the prosecutor's appeal) and the following decision is rendered again after pleading.

The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the statements in the corresponding column of the judgment of the court of first instance, except where "the defendant's statement in this court" is added to the summary of the evidence. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (the conditions favorable to the defendant who lives in the preceding two paragraphs);