The judgment of the court below is reversed.

Defendant shall be punished by a fine of 3.5 million won.

The defendant does not pay the above fine.

1. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the court below is acknowledged to have agreed with the victim, but the defendant was not aware of a repeated crime due to the same kind of fraud, and at the same time, he committed the crime of this case without being aware of the repeated crime period due to the same crime. The defendant shows an attitude of warning criminal procedure, such as the defendant's continuous absence in the trial court, and taking into account all the sentencing conditions in the records and arguments of this case, such as the defendant's character, conduct, environment, etc., the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's assertion is justified.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;