The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Determination of the Defendant recognized each of the instant crimes, and there are relatively little circumstances in which the damage amount of the instant case is not significant.

However, the defendant has already been convicted of fraud nine times, and the defendant has committed three times during the suspension period of the same crime.

As such, even though the court has been sentenced to a fine several times for the crime of fraud, the defendant has repeatedly committed a crime of fraud under the same law.

Furthermore, the victims were punished for the defendant, and they were not recovered from the damage caused by the crime of this case.

Considering such circumstances and equity in sentencing with similar cases and all the circumstances that are conditions for sentencing as stipulated in Article 51 of the Criminal Act, the sentence sentenced by the court below is deemed unfair as it is deemed unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Inasmuch as the original judgment is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the gist of evidence is identical to each corresponding column of the original judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The sentence shall be determined as per the order, taking into account the various factors of sentencing stated in the part on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes, taking into account the aforementioned factors of sentencing.