The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is an unfavorable condition against the Defendant, in light of the following: (a) the Defendant, for a period exceeding two years, by deceiving approximately KRW 57 million from the damaged person on a total of 74 occasions for a period of more than 2 years; and (b) the liability for such crime is not less than that of the crime; and (c) the fact that there was a record of being fined

However, in full view of the following facts: (a) the fact that the Defendant recognized his criminal act; (b) the amount of damage was fully repaid to the victim after the pronouncement of the judgment of the court below; and (c) there was no record of punishment other than the previous conviction in around 2004; and (d) the Defendant’s age, sex, family environment, motive and circumstance of the criminal act; (b) the means and consequence of the criminal act; and (c) the application of the sentencing guidelines of the Sentencing Commission by the Sentencing Commission, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is to be cited by Article 369 of the Criminal Procedure Act, inasmuch as the date of the offense No. 35 from among the facts constituting an offense of the original judgment is the same as the relevant column of the original judgment, unless the date of the offense No. 35 from among the facts constituting an offense of the original judgment is changed to “ May 14, 201

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud around October 19, 2012, the largest penalty for concurrent crimes)

1. As seen in the part of the judgment on the grounds for appeal on the grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the judgment on the grounds for appeal as seen earlier) is examined.