The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentencing is unreasonable.

2. In light of the fact that the defendant, although there is no ability or intent to repay, by deceiving the victims in spite of the absence of a capacity or intent, he/she committed a crime against the victims several months, and the amount of damage is more than KRW 100,000,000, and the victims are likely to suffer a considerable economic conflict, it is necessary to impose strict liability corresponding to such liability on the defendant.

However, the court below's punishment against the defendant is too unreasonable in light of the balance between the sentencing factors and similar cases, such as the defendant's age, career, character and behavior, environment, motive and circumstance after the crime, etc., which are shown in the argument of this case, are comprehensively considered, considering the fact that the defendant led to the confession of the crime and reflects the fact that the victims do not want the punishment against the defendant, the fact that the defendant is the first offender who has no criminal record, the circumstances favorable to the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The sentencing criteria shall be set.