The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The summary of the grounds for appeal (4 months of imprisonment) that the court below sentenced to the defendant is too unfair because it is too unreasonable (the defendant explicitly withdraws his argument of misunderstanding the facts or misunderstanding the legal principles on the date of the first trial of the trial of the first instance court). 2. The crime of this case is an unfavorable circumstance against the defendant, in light of the content and method of the crime, the crime of this case was committed by deceiving the victims as if the defendant had listed each company that operated the victims as a large construction contractor, and it is not good that the crime was committed in light of the contents and method of the crime, and the amount of fraud is not sufficient, and the amount of fraud is not more than 39 million won, and the victims still want to punish the defendant.

However, in light of the fact that the defendant was in the first instance trial, there is an attitude against the defendant to recognize the crime of this case, the circumstance leading up to the crime of this case in light of the relationship with the victims exists, and the court below deposited KRW 5 million for the victims, and deposited KRW 10 million for the victims E in the first instance trial, and there is no record of punishment for the same crime before the judgment of this case, and the first head of the crime of this case must be considered at the same time as the crime of this case is committed, and other favorable circumstances such as the defendant's age, sex, environment, background, method, circumstances after the crime of this case, and criminal record, and all the sentencing conditions indicated in the records and the theory of changes are inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is "1. The defendant's partial statement" in the summary of the evidence of the court below.