The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. The judgment of the Defendant has a record of being punished several times including the crime of violence, fraud, property damage, interference with business, etc. In particular, the Defendant committed the instant crime in a short period from the time when he/she was sentenced to one year of habitual assault, habitual fraud, and obstruction of business, and the execution of the sentence has not yet been completed.

On the other hand, taking into account the following circumstances: (a) the Defendant recognized the instant crime; (b) the total amount of damage to the instant fraud crime is relatively low; (c) the victim of certain fraud and interference with duties; and (d) the victim of a special intimidation, who agreed with the victim, does not want to be punished by the Defendant; and (c) other factors, such as the Defendant’s age, sex, conduct, environment, family relationship, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Defendant’s assertion is with merit.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, Article 314(1) (the point of interference with business) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for each of the following reasons:

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. As seen in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes, two preceding reasons for sentencing.