The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

【Reasons for Appeal】

1. The sentence of the lower court (five months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is a total of KRW 29,30,000 through three occasions.

The deception was an active part of deception.

On 2014, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for fraud.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect all the crimes of this case.

The defendant returned 8.5 million won to the victim.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is too weak and too weak.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Reasons Concerning Public Prosecution】 The description of each corresponding column of the judgment of the court below shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Grounds for sentencing under Articles 347(1) and 347 of the Criminal Act as to the relevant criminal facts; the former part of Article 37; Articles 38(1)2 and 50 of the Criminal Act as to the aggravation of concurrent crimes with respect to which the choice of imprisonment is applicable;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months (the type of decision) of imprisonment for a crime committed by fraud, there is no person (the person subject to special sentencing) less than 100 million won (the category 1) [the area of recommendation and the scope of the punishment]. The basic area of the recommendation and the scope of the punishment], six months to one year and six months.

3. Determination of sentence: The recommendation of sentencing criteria shall be taken into consideration the circumstances as examined in the above "reason for Appeal" in three months of imprisonment.