The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant committed the instant crime three times (one-time imprisonment and two-time suspension of the suspension of the execution of imprisonment) for the same crime, the Defendant committed the instant crime by deceiving 22,70,000 won from two victims as the purchase price of fishery products.

However, considering comprehensively the sentencing conditions such as the defendant's age, occupation, background leading to this case, circumstances after the crime, family relation, and the scope of the recommended punishment according to the sentencing guidelines as well as the agreement with the victim D (amounted to 20 million won) in the trial of the political party, the punishment sentenced by the court below is unreasonable.

3. As such, 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 criminal facts and evidence against the defendant recognized by the court is the same as that of the judgment below, and thus, it is also accepted 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 reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified as the Disposition, taking into account the following circumstances into account.