The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before judgment on the grounds for appeal against the board of appeal, the defendant considered ex officio as to the amount of profit acquired by the defendant through the crime of fraud in this case.

Defendant

The defense counsel shall seek judgment on the amount of fraud ex officio on the third trial date of July 6, 2018 on the date of the trial of the first instance on July 6, 2018, when the reason for appeal has not elapsed.

“The statement was made.”

A. The crime of fraud under Article 347 of the Criminal Act is established by deceiving a person to receive property or to have a third party obtain property benefits or to have a third party obtain property benefits, and the amount of the given property or profit on property is not at issue. However, in the case of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes due to fraud, the value of the acquired property or profit on property is at least 50 million won or more than 500 million won as part of the constituent elements of the crime, and the punishment for the crime is aggravated depending on the value of the property or profit on property. Therefore, in applying this principle, the principle of balance or punishment that the proper balance between the acquired property or profit on property should be calculated strictly and carefully, and the principle of liability should not be undermined (see Supreme Court Decision 2005Do7288, Apr. 19, 207).