The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The fact that there is a history of punishment twice including punishment for the same crime of fraud, but it is a crime during the period of repeated crime, that is the planned crime and that the sum of the acquired amount is a large amount of KRW 122 million,00,000,000, which is disadvantageous to that court or that it does not agree with the victims.

However, it is advantageous that the defendant's mistake is recognized by the court below, and the defendant's argument is reasonable, in full view of various sentencing conditions as shown in the argument of this case, such as equity in sentencing according to the degree of participation with accomplices, profits acquired by the defendant in this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc.

Therefore, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;