The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In full view of the following facts: (a) the Defendant had a criminal record of being sentenced two times to a fine for fraud; (b) the victim F who has formed trust in the same business relationship and the victim C who has formed such trust; and (c) the background, method, and result of the crime of this case, the crime of this case is not less complicated; and (c) the victims are deemed to have suffered considerable economic difficulties due to their failure to pay damages for a long period of time.

However, in full view of the fact that the defendant is living in custody for more than two months, the sentence of the court below that sentenced is too unreasonable in light of the fact that the defendant is living in prison, and that the defendant made efforts to recover from damage by depositing a total of KRW 12 million in the court room, the defendant has the time to live in prison for more than two months, and other various sentencing factors in the instant case.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] 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 of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;