The judgment below

The part of fraud is reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment becomes final and conclusive.

1. The gist of the grounds of appeal is that the Defendant has recognized all of the instant crimes and is in profoundly against the Defendant, and there is no specific criminal records other than the fine imposed three times prior to the ten-year period, the victims of fraud do not want the punishment of the Defendant by mutual consent with the victims of the crime of fraud, and the victims of the divorced wife are raising, but the Defendant has children who have to care together, it is unfair that the sentence imposed by the lower court (one year of imprisonment and one million won of fine) is too unreasonable.

2. In light of the following factors: (a) the judgment was examined; (b) the Defendant committed the instant crime including fraud at the time of the trial; (c) the victim did not want the punishment of the Defendant; and (d) the victim did not want the punishment of the Defendant for a considerable period of time under the agreement with the victim C; (b) the Defendant paid part of the principal and interest to the victims; and (c) the Defendant’s age, character and conduct, environment, relationship with the victims, criminal records, motive, means and consequence of the crime; and (d) the part on the crime of fraud among the punishment imposed by the lower court is too unreasonable.

However, the part on the crime of gambling did not gambling with money obtained from victims although the defendant did not gambling.

Even if there is a good economic situation, it is not judged that the punishment imposed by the court below is improper because it is too unreasonable considering the fact that the victims gambling abroad several times in the situation where the victims obtained money from the victims due to bad economic situation.

The defendant's assertion of unfair sentencing on the part of gambling in the judgment of the court below is without merit.

3. According to the conclusion, the part of the judgment below regarding the crime of fraud among the defendant's appeal is reversed under Article 364 (6) of the Criminal Procedure Act, and the part concerning the crime of gambling is determined as follows. Article 364 (4) of the Criminal Procedure Act is not reasonable.