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. In light of the gist of the prosecutor’s grounds of appeal (e.g., the nature of the instant crime, the criminal history of the Defendant, and the circumstances after the commission of the instant crime, the sentence of the lower court against the Defendant (a period of four months of imprisonment and a period of one year of suspended execution) is too unfas

2. Although there are favorable circumstances, such as the fact that the defendant all of his own criminal acts are recognized and reflected, the defendant has been punished for a fine of KRW 3 million due to the same type of criminal acts around July 8, 2008. The crime of this case was committed by deceiving the total of KRW 25.4 million from the two victims aged older, and not only is the nature of the crime but also the nature of the crime. The crime of this case was committed by the court below, despite the fact that the payment of damages was made by the court below and the reduction was done at the court below, it was not made at all until seven years have passed since the date of the crime, other unfavorable circumstances such as the defendant's age, character, behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is recognized that the sentence of the court below is too unreasonable. Thus, the prosecutor's assertion has merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is justified, and the judgment below is again ruled 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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. The fact that the suspended execution recognizes all of the crimes under Article 62(1) of the Criminal Act and reflects them, and the scale of damage is very significant.