The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is determined by taking into account the following factors: (a) the Defendant acquired a total of KRW 230 million from three victims for about one year and seven months; (b) the quality of the crime was very poor; (c) the damage was not recovered at all and no effort was made to recover damage; and (d) the Defendant was punished by imprisonment for one year and two months as a crime of occupational embezzlement in 2004; (c) the Defendant was punished by imprisonment for a crime of occupational embezzlement in 2004; and (d) the Defendant again committed the crime of this case even if he obtained a prior notice of a fine of KRW 68 million during the period of the repeated crime in 2009, by taking the Defendant’s age, character and behavior, environment, motive and background leading to the crime of this case, circumstances before and after the crime, etc.; and (e) considering the sentencing criteria, the lower court is deemed to be unreasonable.

3. In conclusion, the defendant's appeal is without merit, and the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is

( long as the appeal by the prosecutor is well-grounded, the appeal by the defendant shall not be separately dismissed). Criminal facts and summary of evidence acknowledged by the court are identical to facts constituting the offense and summary of evidence, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

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