The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In the instant case, the Defendant’s responsibility is not weak in light of the fact that the crime was committed by defraudation of money from two victims for the purpose of job placement, and that it was the previous case.

B. Meanwhile, there are favorable circumstances to be considered, such as the confession of a crime, the mistake is divided, and the amount obtained by deception is relatively minor and the victim C has repaid part of the amount of damage (6.5 million won).

C. In light of the equity in the case of a judgment at the same time with a judgment of fraud, the defendant’s age, family relationship, living environment, motive, details and result of the crime, etc., the sentence of the court below is too unreasonable in light of all the sentencing conditions expressed in the instant pleadings, such as the circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

In addition to adding "a copy of the judgment and the details of inquiry into consolidated cases" to "a summary of evidence", the main text of the evidence is as stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act on the Handling of Concurrent Crimes (the punishment shall be determined in consideration of equity in cases where a judgment is rendered simultaneously with the first head of the judgment which becomes final and conclusive);

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes against a victim C with heavier penalty)

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;