The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too heavy or unreasonable.

2. The amount of damage caused by the instant crime is significant, and the instant case is a situation in which the Defendant, with knowledge and experience in the cargo transport business, obtained pecuniary benefits from the victims by deceiving the victims who want to start the cargo transport business, and is highly likely to be subject to criticism.

However, in consideration of the fact that the defendant's wrong and not repeats the crime, there is no record of criminal punishment exceeding the same kind of criminal record and fine, the total amount of damage to the victim K, and the fact that the above victim is seeking the wife against the defendant in consultation with the victim E, and the health of the mother of the defendant is not good, the sentence of the court below is considered to be unfair because it is unreasonable.

The defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered again as follows (Although the prosecutor's appeal is rejected, the prosecutor's appeal shall not be dismissed separately from the order so long as the defendant's appeal is accepted and the judgment of the court below is reversed). [The grounds for re-written judgment] The summary of facts and evidence acknowledged by the court below are as follows, except for adding "1. Defendant's trial statement" to the summary of evidence and the summary of evidence, as stated in each corresponding column of the judgment of the court below, and thus, they shall be accepted pursuant to Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraudulent point), Article 67 Subparag. 4, Article 24(1) (the point of operating an intermediary business without permission) of the Trucking Transport Business Act, and each imprisonment with prison labor for the selection of criminal facts.