The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

15 million won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (the penalty of 10 months of imprisonment and 15 million won) is too unreasonable.

2. In full view of all other circumstances, including the Defendant’s age, character and conduct, character, environment, relationship with the victim, motive and means of the instant crime, and consequence of the instant sentencing as indicated in the record, since the Defendant committed again during the period of repeated crimes, the fact that the Defendant had been punished for the same criminal acts, the fact that the damage has not been recovered is unfavorable to the Defendant, the fact that the Defendant led to confession and reflects against the Defendant, the effect of the sentence of the preceding suspended sentence, the total sum of the defrauded amount is no more than 15 million won, and the victim is deemed to have been partly responsible for the occurrence of the instant crime, the Defendant’s punishment imposed by the lower court against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is reasonable.

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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting a crime (the point of fraud), Article 111 (1) of the Attorney-at-Law Act (the point of receiving money and valuables under the name of trust);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 116 of the Attorney-at-Law Act;