The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination of the Defendant’s repayment of KRW 38 million out of the amount of damage to the victim E, equity with the case of the judgment at the same time with the case of fraud for which judgment became final and conclusive on January 30, 2016, and the fact that the Defendant’s health status is not good for the aged is favorable to the Defendant.

However, in light of the following circumstances: (a) the Defendant committed the crime of fraud under the same type of criminal conviction, even if there were several criminal convictions in the same type of frauds, and committed the crime of fraud against the victim J while being investigated as a separate crime; (b) the Defendant committed the crime of fraud in the course of being investigated as a result of a separate crime; and (c) the Defendant committed the crime of fraud in the course of being investigated as a result of a separate crime; and (d) the sentence imposed by the lower court was sentenced by the lower court to a sentence in the lower court, which was disadvantageous to the Defendant, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, and all of the sentencing conditions indicated in the records and arguments of this case, it

3. In conclusion, the prosecutor'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 it is again decided as follows.

( long as an appeal by a prosecutor is reversed on the grounds that the judgment of the court below is well-grounded, the appeal by the defendant shall not be dismissed separately). 【The grounds of the judgment in multiple cases】 Criminal facts and summary of evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, all of them are cited in accordance with Article 369

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 latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;