The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant is the first offender, and the victim G was reimbursed KRW 5 million on June 7, 2016 at the trial, and the victim C deposited KRW 5.3 million on June 20, 2016 for the victim C.

However, each of the crimes of this case is not likely to be committed by deceiving victims and deceiving 2,7250,000 won in total from victims.

The victims, March 21, 2016, "the defendant would pay the total amount of damage by the end of February 2016."

Along with the introduction of a written agreement at the original trial, the defendant submitted at the trial of the original instance a written petition stating that "The defendant's strict punishment is desired because he/she did not comply with the above promise at all."

Although the defendant paid out or deposited the total amount of KRW 10,30,000 as above after the receipt of the above petition, the amount of KRW 17,000 out of the amount of damage has not yet been fully paid up until now.

In addition, comprehensively taking account of the following circumstances, such as the defendant's age, sex, environment, details and contents of the crime, and circumstances after the crime, etc., the sentence of the court below is too unfasible and unfair.

Therefore, the prosecutor's argument pointing this out is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

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

1. Article 62 of the Criminal Act: