As to the crimes of No. 1, 2 and No. 1, 17 of the Criminal List No. 3 attached to the original decision of the court below, the defendant is the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (4 months of imprisonment and 2 months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance that the defendant acquired the amount equivalent to the shower price from 27 victims, which is a large number of victims, and that the defendant was punished for the same criminal offense.

However, in full view of the circumstances leading up to the instant crime, including the fact that the sum of the amount acquired by the Defendant is not more than KRW 20 million, the amount acquired by the victim was returned to some of the victims, which was agreed upon by some of the victims, and the fact that the Defendant was unable to complete the construction work as a result of the shortage of funds, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the instant argument, are considered to be unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act shall be sentenced to the punishment as ordered in consideration of the various circumstances examined prior to the reasons for sentencing.