The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The gist of the grounds for appeal is that the defendant recognizes the crime, the crime of this case is in the relation of fraud, etc. which has become final and conclusive, the latter part of Article 37 of the Criminal Act, and there is no record of criminal punishment other than the aforementioned final judgment, and the punishment of the original judgment is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant is recognized to commit a crime; (b) the payment suspension of the account in which the defrauded money was deposited is suspended; (c) the amount of KRW 5 million has not been withdrawn out of the total defrauded amount; (d) the equity in the case of the judgment at the same time with the judgment of fraud, etc., which became final and conclusive; and (e) there is no other criminal record other than the aforementioned final judgment; and (e) the character, conduct and environment of the Defendant; (b) the background and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., and all the conditions of sentencing

Therefore, the defendant's assertion of unfair sentencing is justified.

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the 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

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act for criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (a point of lending access media) and subparagraphs 7 and 30 of Article 97 of the Telecommunications Business Act (a point of mediating communications by others using telecommunications services);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, various sentencing factors as seen earlier prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.