The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Considering the circumstances leading up to the instant crime and the fact that the Defendant attempted to endeavor to recover from damage, the lower court’s imprisonment (one year and two months of imprisonment) is unreasonable.

B. Considering the nature of the instant crime committed by the prosecutor and the fact that the damage was not recovered, the lower court’s punishment is deemed unreasonable.

2. Determination is a large amount of damage to the instant fraud amounting to KRW 169 million, and it is not good that the crime of evading compulsory execution is committed.

In light of the background of the crime and the circumstances after the crime, it is doubtful whether the criminal defendant's fraudulent act is friendly about the criminal defendant's willful negligence.

However, in light of the following: (a) the Defendant has led to the confession of all of the instant crimes; (b) the lower court agreed with F, the creditor of the crime of evading compulsory execution; (c) the victim of the fraudulent crime by mutual agreement with E, which is the victim of the fraudulent crime; (d) the Defendant has no record of having been punished for the same type of crime; and (e) other various sentencing conditions in the records of the instant case, such as the background of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the crime

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 327 of the Criminal Act, Article 327 of the Criminal Act, and the choice of imprisonment for a crime;

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 on the suspension of execution;