The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

1. Determination of the summary of the grounds for appeal (unfair punishment in one year and six months) is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range (one to four years of imprisonment) according to the attached sentencing guidelines.

Considering the agreement as a favorable factor in sentencing, the punishment was determined in consideration of the nature of the crime of fraud committed against the person who planned the immigration, the attitude of the person in the course of investigation and trial.

However, the victim desires the defendant's prior domicile in the appellate court.

In addition, if we review the sentencing factors, such as sentencing (or sentencing 2013 Gonam branch court 2013 Gonam branch court 1280) and equity with the accomplice B, the determination of the sentence of the original court is deemed unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

The defendant, along with B (B and CB), has opened a consortium company with the name of E in Korea after acquiring a license to enter into a franchise franchise franchise contract from D, which is a U.S. sandd franchise business, and has advertised that he would enable a small-sum investor visa (E2 visa) to take over D stores from the U.S. on the Internet, etc. on February 28, 2008, while holding a business explanation meeting with F in Jung-gu, Busan to arrange transactions with the victim H and arranging the purchase of D stores and allowing them to enter into a franchise contract with D's headquarters with D and allowing them to enter into a franchise contract with the victim's representative of the U.S. from May 28, 2008 to June 28, 2008.