The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

except that this judgment.

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The defendant was sentenced to a suspended sentence of imprisonment for a crime similar to the judgment of this court, and the sum of the amount of fraud exceeds KRW 100 million, but the victims and victims, other than D, have not been seen as actively deceiving the victims. In addition, considering the defendant's age, character and conduct, family circumstances, motive and circumstance of the crime, and circumstances before and after the crime, the sentence of the first instance court is somewhat unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment for the crime (the choice of imprisonment with prison labor), each of Article 347(1)1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated for concurrent crimes (the former part of Article 38(1)2 of the Criminal Act), Article 62(1) of the Act on Suspension of Execution (the fact that there is no ground for disqualification for the defendant to be suspended