The judgment below

Part on the third crime in the judgment shall be reversed.

6 months of imprisonment with prison labor for the crime No. 3 of the judgment of the defendant.

1. The decision of the court below against the defendant of the summary of the grounds for appeal (the imprisonment with prison labor of the first and second crimes, the imprisonment with prison labor of the third crimes in the decision, 10 months) is too unreasonable.

2. The Defendant had been punished several times for the same crime as this case, and each of the crimes of this case constitutes a repeated crime.

In addition, even though the amount of damage of each crime of fraud (the first and second crime in the market) and embezzlement (the third crime in the market) in the decision of the court below is a large amount, damage has not been recovered for a long time

In this respect, it seems inevitable to impose a sentence on the defendant and punish him strictly.

However, as follows, the Defendant paid the full amount of damage in the original judgment and the trial court, and agreed with all victims.

In the court below, the victim F (the crime of No. 1 in the market) made an agreement with the victim P (the crime of No. 2 in the market) by repaying all the damages at the court below. The victim P (the crime of No. 2 in the market) paid 5 million won at the court below, and paid 10.5 million won at the court below, and made a final agreement at the court of the trial. The victim T (the crime of No. 3 in the market) paid 290 million won at the court below and paid 290 million won at the court below, and made a final agreement at the court of the trial on payment in lieu of 9.0 million won

In addition to these circumstances, the court below's punishment against the crime Nos. 1 and 2 in its holding seems to be appropriate (in light of the fact that most of the amount of damage was repaid, it seems that the amount of additional repayment was determined in the court below, and the amount of additional repayment in the court below is not large) and it seems that the court below's punishment against the crime No. 3 in its holding is somewhat inappropriate.

In conclusion, the defendant's appeal against the crime No. 3 in the judgment of the court below is justified. Therefore, this part of the appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.